M&A and investment in the game sector Competition law in the game sector raise competition concerns will control and/or investigations into depend on the markets involved anti-competitive behaviour or and the size of the players in them. whole sections of the market. For In relation to Big Tech, regulators are merger control, regulators have the increasingly concerned such mergers power to force sales in areas of the allow businesses with power in one business where there are significant market to wield that power in other competition concerns and can even markets to reduce competition and block deals entirely. favour their own nascent businesses Regulators can also require ongoing in those other markets. behavioural promises from the There are concerns that where parties as a condition for approving regulators have historically focused deals, although this is rare. For anti- more on horizontal mergers, Big competitive or abusive behaviours, Tech conglomerates have been able regulators can, following an to acquire undue market power in investigation, impose significant fines adjacent markets without adequate on the companies involved (in the UK oversight. This concern is causing and EU, these fines can be up to 10% regulators to adopt a new approach of global revenues). In the UK there and challenge vertical mergers are also criminal penalties in certain more frequently. However, these circumstances. are difficult economic and legal Private enforcement is typically arguments to prove, and this remains seen in the form of lawsuits or legal an evolving and controversial trend. claims between companies and/or How is competition between companies and consumers. law enforced? This could be in the form of class action lawsuits brought on behalf of Competition law is typically enforced consumers who claim to have been via public and private enforcement. affected or as claims in lawsuits Public enforcement takes the form between companies arguing, for of regulator intervention via merger example, that one party is in 27