Innovation, Technology and Deal-making

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Antitrust analysis in the ‘pure-play’ technology space has gained a lot of airtime in recent years, as regulators grapple with issues like the effect of ‘platforms’ on competition, the use of data as a competitive parameter and so-called network effects. But the disruptive effects of technology are equally evident in more ‘traditional’ markets. There are a number of industries where disruptive, technology-driven businesses have shaken up competition, including taxi services, takeaway services, TV and film content and groceries markets. While disruptive entry from digital innovators is a relatively recent phenomenon, it is possible to draw some tentative conclusions as to how companies might use innovative entry to support the case for merger clearance.