Download or read book Killer Acquisitions in Digital Markets An Analysis of the EU Merger Control Regime written by Giulia Sonderegger and published by buch & netz. This book was released on 2024-06-10 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Killer Acquisitions in Digital Markets written by Giulia Sonderegger and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Capturing Killer Acquisitions in Digital Markets Under the European Union Merger Control Rules written by Amil Jagarguliyev and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Merger Control Review written by Ilene Knable Gotts and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Merger Control written by Catalin Stefan Rusu and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EU Competition Law Volume II Mergers and Acquisitions written by Jones, Christopher and published by Edward Elgar Publishing. This book was released on 2021-12-14 with total page 1680 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Merger Control in the EU and Turkey written by Fevzi Toksoy and published by Kluwer Law International B.V.. This book was released on 2022-05-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a country on the way to integration with the European Union (EU), Turkey has been following EU principles in establishing and improving its merger control regime, as well as overall competition law, keeping pace with changes in relevant EU legislation and case law. This book presents, for the first time, a description and analysis of the relationship between the EU and Turkish merger control law and practice. The second edition of the book considers the legislative changes that occurred in 2020-2021, including the reform of the Turkish Competition Law which introduced the significant impediment to effective competition (SIEC) test into the Turkish concentration control. The authors—all three, both practicing lawyers and academicians in Turkey—focus on comparing substantive, procedural and jurisdictional issues and draw parallels on their regulation in the two jurisdictions. These matters include the following: determining whether a transaction shall be regarded as a notifiable merger, hence be subject to control; financial thresholds used for allocating jurisdictions; extraterritoriality of merger control; relationship between the SIEC test and the dominance test; determination of the relevant market; techniques used for assessment of horizontal and non-horizontal mergers; notification requirements; procedural duties of competition authorities in relation to remedies; third-party rights; gun-jumping fines and other sanctions for failure to comply with merger control requirements; and peculiarities of assessment of mergers in the Big Data world. Each chapter provides an overview of the respective issues in the EU and Turkey, projecting a clear understanding of the main similarities and differences in the two regimes. A notable feature is an in-depth analysis of applicable case law concerning each issue, with most of the Turkish decisions available in English for the first time. The book’s comparative approach will prove to be of great value. With its clear answers to questions about what transactions are subject to merger control, what criteria are used in assessing those transactions, and the main issues that a foreign company should be aware of while merging with another foreign company with effect in Turkey and/or EU, the book will be of immeasurable value for lawyers and their business clients dealing with multijurisdictional merger cases. Interested academics and policymakers will also find much here to attract their attention.
Download or read book Which Mergers Should the European Commission Review Under the Digital Markets Act written by Christophe Carugati and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Large digital platforms acquired 1149 firms in various economic sectors between 1987 and July 2022. The European Commission reviewed only 21 of these mergers as most did not meet the European Union merger control turnover threshold. This suggests under-enforcement, with some problematic mergers escaping merger review and thus posing competition risks. The EU Digital Markets Act, which entered into force in November 2022, imposes obligations on firms that are considered 'gatekeepers' in relation to some core platform services, such as online search engines. In particular, these firms must now inform the Commission of all their intended acquisitions. This, in combination with Commission guidance on referrals by EU national competition authorities of mergers for review, should ensure more merger reviews in the digital sector. Current European Commission guidance on referring cases for merger review is flexible but impractical as it relies on theories of harm rather than clear and objective criteria. Without clarification, there could be over-enforcement in which unproblematic mergers are reviewed, human resources are allocated inefficiently and legal uncertainty persists. The Commission should issue new guidance on which digital mergers are likely to be problematic, thus triggering referral for merger review. This is likely to be the case when the target's user base overlaps with that of the acquirer, when the target is a leader in a future critical market and when the target is active in a core platform service.
Download or read book Merger Control Review written by Ilene Knable Gotts and published by Law Business Research Ltd.. This book was released on 2017-09-20 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Merger Control Review, edited by Ilene Knable Gotts of Wachtell, Lipton, Rosen & Katz, provides an overview of the process in 38 jurisdictions, as well as a discussion of recent decisions, strategic considerations and likely upcoming developments in Merger Control. Given the ability of most competition agencies with pre-merger notification laws to delay, and even block, a transaction, it is imperative to take each jurisdiction - small or large, new or mature - seriously. It is, therefore, imperative that counsel for such a transaction develops a comprehensive plan prior to, or immediately upon, execution of an agreement concerning where and when to file notification with competition authorities regarding such a transaction. The intended readership of this book comprises both in-house and outside counsel who may be involved in the competition review of cross-border transactions. In our endeavour to keep our readers well informed, we have expanded the jurisdictions covered by this book to include the newer regimes as well with several special chapters covering US, EU and Chinese Merger Control in Media and Pharmaceutical sectors. Contributors include: Susan Ning, King & Wood Mallesons; James Langenfeld, Navigant; Goenenc Guerkaynak, ELIG; Mr Jordan Ellison, Slaughter and May."e;Each country section provides an informative overview of recent and expected enforcement trends... A very useful book!"e; - Jean-Yves Art, Associate General Counsel, Microsoft, Belgium
Download or read book Killer Acquisitions in Digital Markets An Analysis of the EU Merger Control Regime written by Giulia Sonderegger and published by buch & netz. This book was released on 2024-06-10 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Digital Conglomerates and EU Merger Control Analysis of the Leverage Theory of Harm written by Manav Chadha and published by . This book was released on 2020 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EU Merger Control written by Ioannis Kokkoris and published by OUP Oxford. This book was released on 2014-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EU Merger Control written by Mark Tricker and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
Download or read book Merger Policy in Digital Markets written by Elena Argentesi and published by . This book was released on 2019 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper presents a broad retrospective evaluation of mergers and merger decisions in the digital sector. We first discuss the most crucial features of digital markets such as network effects, multi-sidedness, big data, and rapid innovation that create important challenges for competition policy. We show that these features have been key determinants of the theories of harm in major merger cases in the past few years. We then analyse the characteristics of almost 300 acquisitions carried out by three major digital companies -- Amazon, Facebook, and Google -- between 2008 and 2018. We cluster target companies on their area of economic activity and show that they span a wide range of economic sectors. In most cases, their products and services appear to be complementary to those supplied by the acquirers. Moreover, target companies seem to be particularly young, being four-years-old or younger in nearly 60% of cases at the time of the acquisition. Finally, we examine two important merger cases, Facebook/Instagram and Google/Waze, providing a systematic assessment of the theories of harm considered by the UK competition authorities as well as evidence on the evolution of the market after the transactions were approved. We discuss whether the CAs performed complete and careful analyses to foresee the competitive consequences of the investigated mergers and whether a more effective merger control regime can be achieved within the current legal framework.
Download or read book EU Merger Control written by Ioannis Kokkoris and published by . This book was released on 2014 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.
Download or read book Ten years of effects Based approach in EU competition law written by Jacques Bourgeois and published by Primento. This book was released on 2012-12-10 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the key components of the modernization of competition rules has been a radical departure from the previous «form-based» enforcement to a so-called «effects-based» approach. Taking stock of ten years of experience under this new policy, the present book analyses the changes brought about, as well as the practical problems encountered in its day-to-day application, be it by competition law enforcers, judges or practitioners. This book compiles the reports prepared for the 2011 Annual Conference of the Global Competition Law Centre (“GCLC”). Each and every chapter of this volume formulates concrete proposals as to how the system can be clarified or even improved. The focus is not only on the enforcement of Articles 101 and 102 TFEU, but also in the file of merger control. Attempts are made to define more precisely the boundaries between anticompetitive object and effect, and to develop adequate safe harbours and presumptions. This book also casts a closer look at the analytical framework, possible theories of harm, evidence and defences. Overall the objective is to reconcile as best as possible law and economics, and to see how the goal to achieve the “right decision” in terms of economic outcome can be combined with the legitimate need for legal certainty.
