In a significant turn of events, the European Commission has formally lodged an antitrust complaint against Adobe regarding its proposed $20 billion acquisition of the cloud-based product design platform, Figma. This move comes after an in-depth investigation that was initiated on August 7th, raising concerns about the potential impact on competition in the global markets for interactive product design tools, vector editing tools, and raster editing tools.

Preliminary Conclusions: A Threat to Global Competition

On Friday, the European Commission reached preliminary conclusions, suggesting that if the deal were to proceed, it could “significantly reduce competition in the global markets” for the mentioned tools. The concern centers around the belief that Figma already wields a “significant constraining influence” over Adobe’s Illustrator and Photoshop editing tools. Furthermore, EU officials argue that Figma is “significantly likely” to emerge as a robust competitor in the vector and raster editing tools market even without the merger.

Statement of Objections: Regulatory Concerns

The Commission issued a formal statement of objections outlining its competition concerns. Key among these concerns is the idea that Figma, standing alone, poses a competitive threat to Adobe’s established products. The statement suggests that Figma’s influence over Adobe’s tools may grow independently, and the merger could potentially stifle competition in the market.

Response and Deadline: Adobe and Figma’s Opportunity to Address Concerns

The clock is ticking for Adobe and Figma, as they now have the opportunity to respond to the objections. They can present in writing any concessions that address the Commission’s regulatory concerns and request a hearing. The final decision from the European Commission is expected by February 5th.

“We remain confident in the merits of our case, as Figma’s product design is an adjacency to Adobe’s core creative products and Adobe has no meaningful plans to compete in the product design space,” stated an Adobe spokesperson in response to the Commission’s objections. Similarly, a Figma spokesperson expressed confidence in resolving the concerns and emphasized their commitment to engaging in constructive conversations regarding the benefits the deal could bring to consumers and Europe’s innovation economy.

Adobe’s Strategic Moves: Discontinuation of Adobe XD and “Reverse Killer Acquisition” Claims

The Commission has raised eyebrows over Adobe’s strategic decisions in the lead-up to the acquisition. Adobe’s move to phase out Adobe XD, a UX/UI product design app similar to Figma, earlier this year, has drawn regulatory attention. The Commission claims that this discontinuation, along with any potential successor product, would constitute a “reverse killer acquisition.” This term refers to situations in which companies cease in-house products to eliminate potential competitive threats to newly acquired products or services.

Global Regulatory Scrutiny: UK’s CMA and Rumors of a US Antitrust Lawsuit

While the European Commission is actively investigating the proposed acquisition, Adobe’s regulatory challenges extend beyond the EU. The UK’s Competition and Markets Authority (CMA) is conducting a parallel in-depth investigation, closely monitoring the developments. Additionally, rumors suggest that the US Justice Department is gearing up to file its own antitrust lawsuit to block the Adobe-Figma deal.

Implications for Adobe and Figma: Navigating Regulatory Hurdles

The regulatory hurdles faced by Adobe and Figma are not only confined to Europe but have global implications. The outcome of these investigations could reshape the competitive landscape in the realm of product design tools and editing software.

Looking Ahead: Uncertain Future and Industry Ramifications

As the February 5th deadline looms for the European Commission’s final decision, the future of the Adobe-Figma deal remains uncertain. The implications extend beyond the companies involved, potentially influencing how major players in the industry approach mergers and acquisitions in the ever-evolving tech landscape.

Conclusion: A Pivotal Moment in the Tech Industry

The ongoing regulatory scrutiny of Adobe’s bid for Figma marks a pivotal moment in the tech industry. The outcome of these investigations will not only impact the two companies directly involved but could also set a precedent for how regulatory bodies view mergers and acquisitions within the dynamic and competitive field of digital design and editing tools.