Killer Acquisitions in Digital Markets: An Analysis of the EU Merger Control Regime PDF Download
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Author: Giulia Sonderegger Publisher: buch & netz ISBN: 3038056731 Category : Law Languages : en Pages : 348
Book Description
In her PhD thesis, Giulia Aurélie Sonderegger analyses killer acquisitions, which, in short, are acquisitions that aim to pre-empt potential future competition at an early stage. While this phenomenon was originally discovered in pharmaceutical markets, this thesis exclusively discusses killer acquisitions in the context of digital markets, thereby primarily focusing on the current European Merger Control Regulation (EUMR). The main research question is whether the EUMR is appropriate to tackle killer acquisitions occurring in digital markets, and if not, in what ways it needs to be amended to better address the challenges in the future. To tackle this question, the author assesses both the economic and legal effects of killer acquisitions on merger control in digital markets and, based on her findings, suggests amendments to the current European merger control regime. For a more comprehensive analysis, this thesis also includes an assessment of the recently enacted Digital Markets Act (DMA) to ascertain whether this regulation may serve as an additional tool to remedy such transactions.
Author: Giulia Sonderegger Publisher: buch & netz ISBN: 3038056731 Category : Law Languages : en Pages : 348
Book Description
In her PhD thesis, Giulia Aurélie Sonderegger analyses killer acquisitions, which, in short, are acquisitions that aim to pre-empt potential future competition at an early stage. While this phenomenon was originally discovered in pharmaceutical markets, this thesis exclusively discusses killer acquisitions in the context of digital markets, thereby primarily focusing on the current European Merger Control Regulation (EUMR). The main research question is whether the EUMR is appropriate to tackle killer acquisitions occurring in digital markets, and if not, in what ways it needs to be amended to better address the challenges in the future. To tackle this question, the author assesses both the economic and legal effects of killer acquisitions on merger control in digital markets and, based on her findings, suggests amendments to the current European merger control regime. For a more comprehensive analysis, this thesis also includes an assessment of the recently enacted Digital Markets Act (DMA) to ascertain whether this regulation may serve as an additional tool to remedy such transactions.
Author: Amil Jagarguliyev Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
A couple of years ago, a new phenomenon emerged in the EU Merger Control sphere. This phenomenon is called - “Killer Acquisitions” where incumbent undertakings are suspected to acquire promising start-ups to vanish future potential rivals from the market. Big Tech companies in digital markets are among the usual suspects being engaged in this kind of transaction. This strategy can surely serve to cement incumbent platforms' dominant position in the digital markets. The problem was that it was impossible to capture these acquisitions with the EU Merger Control rules since it was not possible with the threshold requirements. Therefore, it brought about the enhancement of the European Commission's toolbox. This paper will spill ink on what options were on the table to carry out those amendments and what options were opted to do so in the end. It will be addressed whether preferred ways to capture killer acquisitions are good solutions to the problem or not. The paper will examine the preferred approach of capturing killer acquisitions at the EU level in a critical way. Because this work is also trying to depict what kind of difficulties digital platforms conducting business and planning mergers and acquisitions in the EU can encounter with.
Author: Giulia Sonderegger Publisher: buch & netz ISBN: 303805674X Category : Law Languages : en Pages : 266
Book Description
In her PhD thesis, Giulia Aurélie Sonderegger analyses killer acquisitions, which, in short, are acquisitions that aim to pre-empt potential future competition at an early stage. While this phenomenon was originally discovered in pharmaceutical markets, this thesis exclusively discusses killer acquisitions in the context of digital markets, thereby primarily focusing on the current European Merger Control Regulation (EUMR). The main research question is whether the EUMR is appropriate to tackle killer acquisitions occurring in digital markets, and if not, in what ways it needs to be amended to better address the challenges in the future. To tackle this question, the author assesses both the economic and legal effects of killer acquisitions on merger control in digital markets and, based on her findings, suggests amendments to the current European merger control regime. For a more comprehensive analysis, this thesis also includes an assessment of the recently enacted Digital Markets Act (DMA) to ascertain whether this regulation may serve as an additional tool to remedy such transactions.
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: Jones, Christopher Publisher: Edward Elgar Publishing ISBN: 180220346X Category : Law Languages : en Pages : 1680
Book Description
This book is a Claeys and Casteels title, now formally part of Edward Elgar Publishing. With extensive updating in the decade since the publication of the second edition, and written by the key Commission and European Court officials in this area, as well as leading practitioners, the third edition of this unique title provides meticulous and exhaustive coverage of EU Merger Law.
Author: Manav Chadha Publisher: ISBN: Category : Languages : en Pages : 61
Book Description
The central theme of this thesis is the treatment of conglomerate mergers under EU merger control, with particular reference to conglomerates in the digital markets. In particular, this thesis analyses the effects of leverage theory of harm in the traditional and the digital markets. Given that background, the author discusses whether the positive prior treatment afforded to conglomerate mergers in traditional markets should also be extended to digital conglomerates. Additionally, it evaluates whether the current EU merger control framework is equipped to examine the effects of conglomerate mergers in digital markets. For that purpose, the provisions under non-horizontal merger guidelines and Commission's jurisprudence to establish the conditions necessary for prohibiting conglomerate mergers on grounds of foreclosure through leverage of market power are examined. Thereafter, such conditions are applied in the context of digital markets to determine the sufficiency of the current legal framework. In doing so, this thesis focuses on certain characteristics of digital markets such as presence of economies of scope and network effects to show that the competitive effects of leveraging strategy are amplified in such markets. In conclusion, it has to be claimed that certain changes are required to the methodologies and framework under EU merger control to appropriately deal with the amplified effects of conglomerates mergers and with dynamic challenges posed by innovation in the digital markets.
Author: Ioannis Kokkoris Publisher: OUP Oxford ISBN: 9780199644131 Category : Law Languages : en Pages : 0
Book Description
Economic issues play a pivotal role in competition enforcement. Integrating economic and legal analysis throughout, this work provides expert coverage of both the substantive and procedural law relating to merger control in the EU, considering EU and national case law. The key substantive and procedural issues in the US are also considered.
Author: Mark Tricker Publisher: ISBN: 9780414023741 Category : Consolidation and merger of corporations Languages : en Pages :
Book Description
'EU Merger Control' is the classic English language text on the regulation of mergers by the EU competition authorities. This edition provides a complete guide to how the regulatory regime introduced by the 2004 EC Merger Regulation has developed in practice, examining both the substantive and procedural features of merger regulation.
Author: Giulia Sonderegger
Author: Giulia Sonderegger
Author: Giulia Sonderegger
Author: Amil Jagarguliyev
Author: Ilene Knable Gotts
Author: Giulia Sonderegger
Author: Catalin Stefan Rusu
Author: Jones, Christopher
Author: Manav Chadha
Author: Ioannis Kokkoris
Author: Mark Tricker