Against the backdrop of increasingly stringent global antitrust regulation and cross-border enforcement, enterprises engaged in cross-border operations, transnational mergers and acquisitions (M&A), and global market expansion face growing risks in antitrust compliance, fair competition, and cross-border transaction supervision. Notably, the EU’s Digital Markets Act (DMA) has strengthened oversight of digital platforms, bringing new compliance requirements for global enterprises.

The core regulatory framework is dominated by the EU’s Digital Markets Act (DMA) (Regulation

(EU) 2022/1925) and the U.S. Sherman Antitrust Act, which prohibit horizontal monopoly agreements,

vertical restrictive practices, and abuse of market dominance, with penalties of up to 10% of global

annual turnover for violations. The DMA, adopted on September 14, 2022, and fully applicable since

May 2023, targets "gatekeeper" platforms with strict obligations to ensure market contestability and fairness.

 

Key compliance focuses include anti-cartel and anti-collusion governance, cross-border merger

control, and digital platform antitrust compliance. The DMA imposes obligations on "gatekeeper"

platforms—defined by quantitative thresholds like EU turnover and user numbers—including

prohibiting self-preferencing, ensuring data interoperability, and allowing end-users to uninstall

pre-installed apps. Cross-border M&A requires pre-transaction notification to meet regulatory thresholds

in major jurisdictions.

 

Proactive compliance requires a multi-jurisdictional, risk-based approach. Our professional antitrust

legal team provides tailored solutions: compliance program design aligned with DMA requirements,

pre-transaction risk assessment (including "gatekeeper" designation checks), internal monitoring

mechanism establishment, and support for regulatory investigations. Embed antitrust compliance into

corporate strategy to enhance regulatory resilience, safeguard market access, and protect shareholder value.

 

Reference Links:

● EU Digital Markets Act (DMA): https://eur-lex.europa.eu/eli/reg/2022/1925/oj

● U.S. Sherman Antitrust Act: https://www.justice.gov/atr/sherman-act-background

● EU Merger Procedures: https://competition-policy.ec.europa.eu/mergers/procedures_en

 

 

 

 

This article is for reference only and does not constitute tax or legal advice. All interpretations and operations shall be subject to the latest official regulations of relevant overseas competent authorities.