Doesn't current laws require harm to competition to have already been made in order for them to enforce anything?
So Adobe acquiring Figma isn't unlawful, until it is proven to have a bad effect on consumers.
I think what parent is saying, is that we should adjust laws to be more pro-active, that if there is a possibility/high-risk of the acquisition to have a bad effect on consumers, it should maybe be considered a bit more than usual.
Current antitrust laws do not require harm to have already occurred to challenge a merger. Once an intent to merge has been filed, the FTC/DOJ has a certain amount of time to issue a 'second request'. [1] If the FTC/DOJ finds during their review of the materials turned over from the second request that the merger is likely to be anticompetitive, they will sue to block the merger. This merger in particular would likely be mostly scrutinized according to the horizontal merger guidelines, given the parties' overlap in a specific product/market. [2]
So Adobe acquiring Figma isn't unlawful, until it is proven to have a bad effect on consumers.
I think what parent is saying, is that we should adjust laws to be more pro-active, that if there is a possibility/high-risk of the acquisition to have a bad effect on consumers, it should maybe be considered a bit more than usual.