The Entrepreneurs Network reposted this
The prosaic world British regulatory reform has caught the attention of the US under the stunning headline (which deserves to be written out in full): Shock UK Regulatory Coup Gives Government Sweeping Control Over US Tech: London's digital markets, competition and consumers act gives regulators the power to stop any acquisition, anywhere, for basically any reason they want. Ashley Rindsberg is dissecting the Digital Markets, Competition and Consumers (DMCC) Act which is coming into force and gives the Competition and Markets Authority (CMA) significant new powers. Despite the headline, this isn’t clickbait – Rindsberg has a point. More precisely, he has lots of points, but I want to focus on the one that really matters to entrepreneurs that I talk with. As Rindsberg writes, “the DMCC gives the CMA broad new powers to intervene with mergers that target what it calls ‘killer acquisitions.’ While the language makes it sound as if only massively disruptive technologies fall into the category, the letter of the law reveals the opposite to be true. Instead, under the killer acquisition provision, the UK now has the ability to intervene in ‘no-increment’ mergers – i.e. deals that don’t increase the market share of either party, which can be manifestly non-competitive with each other.” Back in 2021, we joined forces with the International Centre for Law and Economics to write a sober assessment paper on the risks of the DMU. Central to the argument in Conflicting Missions is that startups depend on acquisitions. While some don’t want to admit it, being bought is the main way entrepreneurs and venture capital investors are paid for their hard work and investment. The harder it is to sell your company, the harder it is to make a return. The paper cites empirical evidence that venture capital activity grows when countries enact pro-takeover laws, and declines when anti-takeover laws are introduced. As our paper and Rindsberg’s article make clear – there is a huge amount of uncertainty about how this will play out. Entrepreneurs and investors are already burdened with enough of that.