Developers Alliance Releases Statement on Outcome of GIPHY / META Merger Appeal

UK Competition Appeal Tribunal (CAT) holds that the UK competition regulator needs to consider international impacts in its merger decisions.

Washington D.C., June 14th, 2022 – The Developers Alliance has released the following statement on the UK Competition Appeal Tribunal’s judgment in Meta v. Competition and Markets Authority.

Key Facts

  • The Developers Alliance intervened in the case to argue against the extraterritorial remedy imposed on Giphy, a U.S. startup with no UK ties.

  • In the judgment, the CAT held “… the demands of comity do require the CMA to be at least conscious of the international dimension.”

  • The CAT upheld much of the CMA decision, but also found serious procedural problems and will decide on how to remedy the breach in the coming weeks.

Bruce Gustafson, President & CEO of the Developers Alliance, issued the following statement:

“We thank the UK Competition Appeal Tribunal for hearing the concerns of the international startup community. Our decision to intervene in this case was not taken lightly. No matter the ultimate outcome, it is now settled that the UK regulator must take extraterritorial implications into account when making their decisions, a principle we hope will be adopted by international regulators everywhere. We are confident, should the CMA have the opportunity to revisit the decision, that their work will be a new model for how national and international considerations can work in harmony to produce a fair and competitive market for the world’s innovators.”

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About The Developers Alliance

The Developers Alliance is the world’s leading advocate for software developers and the companies invested in their success. Alliance members include industry leaders in consumer, enterprise, industrial, and emerging software development, and a global network of more than 70,000 developers.

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By Bruce Gustafson

Bruce is the President and CEO of the Developers Alliance, the leading advocate for the global developer workforce and the companies that depend on them. Bruce is also the founder of the Loquitur Group, a DC consulting firm, and the former VP and head of the DC Policy office of Ericsson, a global information and communications technology company, focusing on IPR, privacy, IoT, spectrum, cybersecurity and the impact of technology and the digital economy. He has previously held senior leadership positions in marketing and communications at both Ericsson and Nortel, as well as senior roles in strategy and product management across wireless, optical and enterprise communication product portfolios.

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