Amazon/Deliveroo clearance: what it really means for “failing firms” during the Covid-19 crisis

Amazon’s investment in Deliveroo, the restaurant delivery platform, has been provisionally cleared by the UK’s Competition & Markets Authority. The CMA believes Deliveroo will imminently exit the market without Amazon’s investment and considers that scenario would be worse for competition than allowing the deal to proceed. This is a rare example of a successful “failing firm” claim in a merger review and provides a timely indication of how similar claims arising out of the Covid-19 pandemic may fare in the UK and elsewhere.

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