The repercussions of Elon Musk’s brand of “free speech absolutism” for Twitter have of late received much comment (“Musk, Twitter and the need to vet new media owners”, FT View, April 29). The EU’s internal market commissioner, Thierry Breton, went so far as to remind Musk of his need to comply with EU rules, a reference to the recently adopted Digital Services Act. But the DSA will probably not take effect until at least 2024.
In the meantime, Musk’s acquisition will almost certainly get a smooth ride through the competition authorities (including the EU Commission), since he has no other business interests that compete with Twitter.
But one important possibility, which could result in protections being put in place now, has so far been overlooked. EU member states can intervene in EU merger control proceedings to protect certain important “legitimate interests” (under Article 21(4) of the EU’s merger regulation). These include “plurality of the media”.
Twitter has over 45mn users in the EU, many of whom use the service as their principal news source, making it an important part of the media plurality ecosystem. Article 21(4) — so far rarely used in a media context — could provide a unique opportunity to scrutinise Musk’s plans for Twitter in advance, rather than wait for the DSA to take effect.
Craig Pouncey
Tervuren, Belgium