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MLex Market Insight

How Meta’s ill-fated Giphy deal helped shed light on the UK regulator’s merger approach

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 4 November 2022

⏱️ 12 minutes

🧾️ Download transcript

Summary

The decision by the UK Competition and Markets Authority to oppose Meta’s controversial acquisition of gif database Giphy has forced the companies to unwind what had been a completed global deal. While the CMA’s decision was a significant setback for Meta, it did help clarify — or, in some cases, correct — problematic aspects of the UK’s merger-control regime.

Transcript

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0:00.0

Hello and welcome to another Emlex podcast. I'm Laurel Henning, a Sydney-based senior reporter with Emlex,

0:18.4

and it's great to have your company. In today's edition of Emlex's

0:21.9

podcast, we look at the UK Competition and Markets Authority's recent decision on Mehta's

0:27.3

ownership of video database, GIFI. It was the second time the UK regulator had blocked the

0:33.1

acquisition, which took place in 2020, and it's a decision with global consequences, as you'll hear

0:38.6

in our discussion, with potential implications in Australia, where I've reported on the deal

0:43.2

and subsequent fallout for the last two years. At the time of the acquisition, Meta was of course

0:49.1

known as Facebook, so you'll hear us discuss this as the Facebook Giffy deal in places.

0:54.3

Here to discuss it with me is Emlex Senior Correspondent Victoria Ibetoye,

0:58.6

who joins me now from London and has covered every twist and turn of this regulatory spat

1:03.8

between the CMA and meta.

1:06.4

So Victoria, why don't you tell us a little bit about this latest decision from the CMA?

1:11.8

Yes, so late last month, the CMA blocked Facebook's acquisition of Giffy.

1:17.9

So the deal had actually been sent back to the CMA in July after the courts in the UK.

1:24.8

Essentially found that the first time round round the CMA's approach had been

1:28.4

way too favourable to third parties and it's sort of taken their concerns about confidentiality,

1:35.2

placed that ahead of the Facebook and Giffy's ability to defend themselves from its findings.

1:41.0

So, so yeah, so this sort of resulted in a complete redo of the investigation,

1:47.7

the in-depth probe bit of it. And yeah, and the second time around the CMA essentially just

1:53.1

reinforced its original position. It found that the deal would limit choice for social media

1:58.4

users by reducing access to GIFs and essentially reduce

2:03.1

innovation in display advertising in the UK. So the second part of that was that essentially the

...

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