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Author: Kalpana Tyagi Publisher: Springer ISBN: 366258784X Category : Law Languages : en Pages : 341
Book Description
This book addresses the question of how competition authorities assess mergers in the Information Communication Technology (ICT) sector so as to promote competition in innovation. A closer look at the question reveals that it is far more complex and difficult to answer for the ICT, telecommunications and multi-sided platform (MSP) economy than for more traditional sectors of the economy. This has led many scholars to re-think and question whether the current merger control framework is suitable for the ICT sector, which is often also referred to as the new economy. The book pursues an interdisciplinary approach combining insights from law, economics and corporate strategy. Further, it has a comparative dimension, as it discusses the practices of the US, the EU and, wherever relevant, of other competition authorities from around the globe. Considering that the research was conducted in the EU, the practices of the European Commission remain a key aspect of the content.Considering its normative dimension, the book concentrates on the substantive aspects of merger control. To facilitate a better understanding of the most important points, the book also offers a brief overview of the procedural aspects of merger control in the EU, the US and the UK, and discusses recent amendments to Austrian and German law regarding the notification threshold. Given its scope, the book offers an invaluable guide for competition law scholars, practitioners in the field, and competition authorities worldwide.
Author: Kalpana Tyagi Publisher: Springer ISBN: 366258784X Category : Law Languages : en Pages : 341
Book Description
This book addresses the question of how competition authorities assess mergers in the Information Communication Technology (ICT) sector so as to promote competition in innovation. A closer look at the question reveals that it is far more complex and difficult to answer for the ICT, telecommunications and multi-sided platform (MSP) economy than for more traditional sectors of the economy. This has led many scholars to re-think and question whether the current merger control framework is suitable for the ICT sector, which is often also referred to as the new economy. The book pursues an interdisciplinary approach combining insights from law, economics and corporate strategy. Further, it has a comparative dimension, as it discusses the practices of the US, the EU and, wherever relevant, of other competition authorities from around the globe. Considering that the research was conducted in the EU, the practices of the European Commission remain a key aspect of the content.Considering its normative dimension, the book concentrates on the substantive aspects of merger control. To facilitate a better understanding of the most important points, the book also offers a brief overview of the procedural aspects of merger control in the EU, the US and the UK, and discusses recent amendments to Austrian and German law regarding the notification threshold. Given its scope, the book offers an invaluable guide for competition law scholars, practitioners in the field, and competition authorities worldwide.
Author: Magdalena Laskowska Publisher: ISBN: Category : Languages : en Pages : 18
Book Description
During 20 years of merger control in the EU, no fundamental legal analysis on the treatment of innovation in the European Commission's decisions has ever been performed, and economic literature on technological progress has not thus far been incorporated into legal doctrine. The sound of silence in legal doctrine also speaks a great deal about how the current antitrust regime deals with innovation challenges. This paper can be seen as a legal microcosm, exploring in a very compressed form the major issues of innovation analysis in the Commission's voluminous decisional practice in the field of structural control. First, I attempt to identify the most common patterns of innovation cases. Then, I raise specific problems and challenging questions that repeatedly arise in the Commission's decisions. The global examination of innovation concerns in phase II merger decisions, as presented in this paper, is empirically based on a detailed and exhaustive review of the 155 phase II merger decisions that had been taken by the Commission from the establishment of merger control at Community level in December 1989 to September 2008.
Author: Katrin Silja Kurz Publisher: ISBN: 9783848787692 Category : Competition Languages : en Pages : 0
Book Description
The thesis addresses the interplay between innovation incentives and competition. In its Dow/DuPont merger control decision, the European Commission based far-reaching remedies on the newly developed concept of innovation competition. The concept refers to the parties' general ability to innovate independently of identifiable products or specific research and development activities. The author places the concept of innovation competition in a broader context and examines the applicability of the underlying considerations in the context of Articles 101 and 102 TFEU.
Author: Reinhilde Veugelers Publisher: ISBN: Category : Languages : en Pages :
Book Description
European Union policymakers have in principle put innovation at the heart of competitiveness, in particular in the Europe 2020 strategy. But in merger control, assessments of the innovation effects of mergers are inadequate, even though mergers and acquisitions can have a significant impact on the development of the structure of an industry, and on its capability to innovate. EU merger control rules include scope for assessing the innovation effects of mergers, but in practice, the European Commission's directorate-general for competition (DG COMP) is not 'walking the talk'. Innovation effects are only assessed when claimed by parties to a merger, and this happens rarely. Where innovation effects have been claimed, they have not been decisive in any case, meaning DG COMP has not considered them important enough to influence its decision. A framework should be put in place that makes the reporting of efficiency-related information by the merging parties mandatory, so that innovation effects can be properly assessed for all mergers. In addition, models can be used to make an assessment of the longer-term innovation effects of a merger, and to help inform decision-making.
Author: Catalin Stefan Rusu Publisher: Kluwer Law International B.V. ISBN: 9041132597 Category : Business & Economics Languages : en Pages : 306
Book Description
Twenty years of experience have inevitably brought to light challenges and tensions in the enforcement of the European merger control system. Some of these challenges have been faced, some have been solved and some remain latent. This very valuable study starts from the proposition that the EU has never fully acknowledged those fundamental challenges which relate to the rationale behind merger control in Europe. The author shows how the Commission's focus on adapting the rules of merger control to the economic realities of the future business environment, although designed with a view to facilitating European integration, has compromised attainment of legal certainty, transparency and welfare enhancement. In its detailed evaluation of the 'future market structure prediction process' embedded in European merger control policy, this book approaches two rock-bottom, far-reaching questions: In what ways does merger control promote consumer and societal welfare? Is the Commission able to correctly predict the outcome of any given concentration transaction? These considerations take the reader through a deep and searching analysis that calls into question the very credibility and transparency of the system, leading to alternatives which promise a new clarity of purpose and procedure. The author describes how these recommendations can be integrated into the functioning framework of the European project. Taken fully into account along the way is a wide spectrum of relevant source material, including the following: applicable articles and chapters of the founding and subsequent European Treaties; secondary European legislation concerning competition and merger activity; domestic competition laws; guidelines, notices and action plans; competition law reviews, statements of intentions; draft legislative attempts; speeches on the enactment and purpose of merger control; Member States' views concerning European merger control as expressed during Council negotiations; officially available concentration-related statistics; and a wide-ranging literature review covering both the legal and economic sides of merger control. Throughout, the author substantiates theoretical assertions with case law examples, clearly exposing doctrines arising from such cases as Continental Can, Phillip Morris/Rothmans and the Airtours, Schneider and Tetra Laval trilogy. A unique feature of the analysis draws on the author's personal experience while working for a Brussels competition law firm. This book is a remarkable compound of academic guide to the roots and rationales of the European Merger Control System, practical guide to the day-to-day intricacies of merger control enforcement, and 'raw' guide for decision makers and merger control law enforcers. It will be of immense value in all three contexts.
Author: Mika Oinonen Publisher: Kluwer Law International B.V. ISBN: 9041132619 Category : Law Languages : en Pages : 450
Book Description
Although the question posed by the title of this book has generated considerable debate, the essential issue remains open and largely blurred. While some believe that there is no so-called 'small market problem', others discern discrimination against small market companies (i.e., companies with a strong position in their home markets but a modest position in the European and global markets) and a consequent need for changes in competition law. The author of this enormously helpful work here sets the stage for meaningful discussion by analysing the EC Merger Regulation's objectives, economic foundations, and application practice to present a reasoned view of the issues that can be considered relevant for such a discussion. Considering their effect on the 'small market problem', the author scrutinizes such factors as the following: the Commission's methodology for delineating relevant markets in merger assessments; unnecessary prohibition caused by overestimation of the market power of small market mergers; erroneous approval of cases that should actually be prohibited; impact of the so-called 'Harvard' and 'Chicago' schools of competition theory and their key policy implications; process-related alternative views of competition and new synthesizing approaches; relevant criteria for a proper analysis of market power; concentration measures and market shares; barriers to entry; price and profitability analyses; and product definition v. geographic definition of markets. In a final chapter, the author presents some tentative conclusions, normative in nature, concerning the problem and the relevant issues relating to it. As the first in-depth analysis of the issues that are actually involved - with its particular diagnosis of the assessment of market power in considering the relevant issues for the problem - this study brings into salience the terms of the debate on the 'problem', and thus takes a giant step forward towards defining what needs to be done. Competition lawyers, policymakers, and academics in Europe and elsewhere will find the discussion of great value.
Author: Laskowska Magdalena Publisher: LAP Lambert Academic Publishing ISBN: 9783659677595 Category : Languages : en Pages : 124
Book Description
It is a well-established fact that economic growth largely hinges upon technological progress, and that productivity gains are key to rising incomes and living standards. As high technology industries have significantly increased their prominence in global economic performance in the 1980s and 1990s, and economic policy has increasingly focused on innovation, merger laws have become a crucial part of antitrust enforcement on both sides of the Atlantic. In recent years, many mergers and acquisitions of control have occurred in innovation-driven industries. Hence, it is important to ask a fundamental question: how does the competition authorities' decisional practice reflect the importance of technological progress? Due to space limitations, we have restrained our review of how conventional merger control accounts for technological progress only to the European Commission's decisional practice. Our analysis provides an exhaustive review of all the phase II merger decisions taken by the European Commission from the establishment of merger control at Community level (21 December 1989) to 21 September 2008.
Author: Kalpana Tyagi
Author: Kalpana Tyagi
Author: Gönenç Gürkaynak
Author: Magdalena Laskowska
Author: Richard J. Gilbert
Author: Katrin Silja Kurz
Author: Reinhilde Veugelers
Author: Ilene Knable Gotts
Author: Catalin Stefan Rusu
Author: Mika Oinonen
Author: Laskowska Magdalena