First glance

The unjustified campaign against the nomination of Fiona Scott Morton

Critics argue that her US citizenship and previous work for US tech giants might undermine Brussels’s efforts to tackle big-tech market power.

Publishing date
18 July 2023
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The nomination of Professor Fiona Scott Morton, an American economist, as chief economist in the European Commission’s competition directorate-general – the European Union’s competition authority – has triggered opposition, including from and some members of the , who want the Commission to reconsider her nomination. The Commission has defended her appointment as one made on the basis of from her experience in the United States competition authority, and her extensive knowledge of competition economics, particularly in the digital sector.

Critics argue that her US citizenship and previous work for US tech giants might undermine Brussels’s efforts to tackle big-tech market power. Professor Scott Morton, they argue implicitly, might be less likely to protect EU interests, in particular the pursuit of industrial policy objectives, because of her nationality. She might also not be tough enough against big tech because of her previous close ties to companies including , , leading to potential conflicts of interest.

These arguments are unjustified. They arise from a misunderstanding of the competition authority chief economist role, an undervaluing of the academic work of Professor Scott Morton over the past years and excessive concern about the rules of conflict of interest.

First, the chief economist oversees the economic evidence in competition enforcement, including antitrust, merger and state aid cases, and assists the EU competition commissioner in drafting guidelines. The chief and her team must apply sound legal and economic methodologies supported by solid arguments. In addition, the chief will also probably intervene in the enforcement of the new (DMA) that imposes positive and negative obligations on the largest online platforms – most likely for now .

It should be noted that competition enforcement is about protecting the competitive process, not competitors. It does not protect . In fostering a competitive economy, competition policy complements but does not substitute industrial policy, which is about promoting industries. Despite this, have pushed for many years for use of competition law to support their industrial policy objectives of promoting national and European champions, including in the digital sector. Competition enforcement will never sacrifice a vibrant competitive process to create a European champion that would undermine competitiveness in Europe, as the prohibition of the merger in the railway sector in 2019 showed.

Second, Professor Scott Morton is an outstanding competition expert. She is familiar with the jargon of competition economics and laws in Europe and the United States. In particular, she wrote extensively about and how regulation, including , can foster competition in the digital economy.

Third, Professor Scott Morton must follow stricter conflict of interest rules than other EU officials. In her first two years in the role, she will, , have to recuse herself from any cases involving companies she worked for in the 12 months before taking the chief economist job. a previous chief economist at the Commission, this limitation will mean the Commission loses “its thinking head and its firepower is diminished.” However, the recusal will not prevent her team from working on the files, and in any event, digital files are, though important, only one sector for the Commission to oversee.

Professor Scott Morton’s views might well pose an issue for and who think that successful industrial policy requires some relaxation of competition enforcement and/or state aid rules inside the EU. Scott-Morton would likely vigorously oppose this approach. But this opposition has nothing to with her . It is a view widely shared among economists, and several EU .

About the authors

  • Christophe Carugati

    Dr. Christophe Carugati was an affiliate fellow at Bruegel on digital and competition issues until December 2023.

    He holds a Doctor in Law and Economics on Big Data and Competition Law from Paris II University, a Master in Law Economics from the European Master in Law and Economics (EMLE, University of Bologna, Hamburg, and Vienna), a master in Business Law from Aix-Marseille University, and a double Bachelor in Law and Economics from Toulouse School of Economics (TSE). His academic research focuses on the adaption of competition law to the data-driven economy and the regulation of platforms.

    He teaches a competition law seminar at Lille University to master students. Before joining Bruegel, he was a senior policy analyst at the US technology think-tank The Center for Data Innovation, where he worked on digital issues. He also has some experience in practicing competition law in the context of internships in law firms in Paris.

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