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Innovation In Eu Merger Control
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Book Synopsis Innovation in EU Merger Control by : Reinhilde Veugelers
Download or read book Innovation in EU Merger Control written by Reinhilde Veugelers and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Promoting Competition in Innovation Through Merger Control in the ICT Sector by : Kalpana Tyagi
Download or read book Promoting Competition in Innovation Through Merger Control in the ICT Sector written by Kalpana Tyagi and published by Springer. This book was released on 2019-06-21 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Potential Competition and Innovation in EU Merger Control by : Leonor Catela Teixeira
Download or read book Potential Competition and Innovation in EU Merger Control written by Leonor Catela Teixeira and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Innovation Competition in EU Merger Control and Its Evolution in DOW/DuPont by : Manav Chadha
Download or read book Innovation Competition in EU Merger Control and Its Evolution in DOW/DuPont written by Manav Chadha and published by . This book was released on 2019 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central theme of this paper is to analyse the Commission's approach in assessing the impact of horizontal mergers on innovation incentives of firms with particular reference to merger between US based chemical companies Dow and DuPont. This paper will attempt to show that the Commission has gradually extended the scope of its analysis to innovation competition through various merger decisions and has introduced certain novelties in its traditional innovation theory of harm through Dow/DuPont decision. Further, the author claims that certain changes are required to the current SIEIC theory of harm to work effectively, as the same lacks certainty while dealing with innovation competition.
Book Synopsis Third Advanced Competition Seminar by :
Download or read book Third Advanced Competition Seminar written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: On 15 April 2019, the Florence Competition Programme (FCP) organised its third Advanced Competition Seminar in the context of the 2018/2019 edition of the FCP Annual Training. The seminar focused on the analysis of the main innovation-related theories of harm elaborated in the field of EU merger control, taking into account that the current debate on the matter revolves around the opportunity to change the legal framework in domains where innovation represents a crucial competitive dimension. In particular, speakers observed that the topic is increasingly attracting policy makers' attention, since we are currently witnessing an important consolidation wave, especially in the digital industries, in the USA and, to some extent, in the EU, too. Furthermore, the discussion shed light on the fact that, besides stimulating growth and technological change, innovation is being perceived as an antidote to the accumulation of market power, which is becoming a key parameter of competition in policy discourse and, as a result, it spurred heated discussions on its future evolution. As a matter of fact, while the analytical apparatus for standard price effects has been developed extensively throughout the European Commission's case practice, there exists a substantial lack of both theoretical models and scientific tools that can be used in the assessment of anticompetitive harm when innovation is at stake.
Book Synopsis Does EU Merger Control Discriminate Against Small Market Companies? by : Mika Oinonen
Download or read book Does EU Merger Control Discriminate Against Small Market Companies? written by Mika Oinonen and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Innovation in EU Merger Review by : Ajinkya Tulpule
Download or read book Innovation in EU Merger Review written by Ajinkya Tulpule and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Commission has recently focused its attention on the effect of mergers on innovation. The Dow/DuPont, Halliburton/Baker Hughes and Bayer/Monsanto transactions are only some examples where this effect has been a key consideration in the Commission's analysis. These cases show that a new factor has indeed emerged in the EU merger review process, and from the looks of it, it's here to stay. In this article I review EU regulatory developments, case law and economic studies to explain the Commission's recent focus on innovation in its merger review process. The views expressed here are mine alone and do not reflect the views of my employer.
Book Synopsis Law and Economics in European Merger Control by : Ulrich Schwalbe
Download or read book Law and Economics in European Merger Control written by Ulrich Schwalbe and published by Oxford University Press. This book was released on 2009-10 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-written by an expert lawyer and economist, this book provides a thorough guide to the economic theory behind the regulation of mergers. The economic theory is then used to analyse the current state of European competition law, and test the success of the European Commission's search for a 'more economic approach' to merger regulation.
Book Synopsis The Merger Control Review by : Ilene Knable Gotts
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:
Book Synopsis Killer Acquisitions in Digital Markets: An Analysis of the EU Merger Control Regime by : Giulia Sonderegger
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.
Book Synopsis EU Competition Law Volume II: Mergers and Acquisitions by : Jones, Christopher
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.
Book Synopsis European Merger Control by : F. Ilzkovitz
Download or read book European Merger Control written by F. Ilzkovitz and published by Edward Elgar Publishing. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: During its first 15 years, the EU's merger control system offered only minimal possibilities for taking efficiency gains into account as a mitigating factor that might offset the anti-competitive effects of a merger. The policy changed in May 2004 and this book examines the background to that change.
Book Synopsis A Global View of Innovation Analysis in EC Merger Control by : Magdalena Laskowska
Download or read book A Global View of Innovation Analysis in EC Merger Control written by Magdalena Laskowska and published by . This book was released on 2018 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis European Merger Control by : Catalin Stefan Rusu
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.
Book Synopsis Remedies in EU Competition Law by : Damien Gerard
Download or read book Remedies in EU Competition Law written by Damien Gerard and published by Kluwer Law International B.V.. This book was released on 2020-07-10 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.
Book Synopsis Assessing Innovation in Merger Control by : Valeria Dardano
Download or read book Assessing Innovation in Merger Control written by Valeria Dardano and published by . This book was released on 2016 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Competition Policy Brief written by and published by . This book was released on 2016 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovation is essential to increasing productivity in the EU, and thus contributes to boosting growth and jobs. The EU framework for merger control allows the Commission to assess the impact of mergers and acquisitions on innovation. The framework puts the competitive harm caused by reduction of innovation on an equal footing with increased prices and reduced output. In recent pharmaceutical and medical devices mergers as well as the GE/Alstom case, the Com-mission found that these horizontal mergers would lessen innovation competition. In its Deutsche Börse judgment, the General Court upheld a similar find-ing. Remedies in horizontal innovation cases typi-cally include the divestment of products that are still in the pipeline. Harm to the ability to innovate of the merged entity's rivals was probed in a number of non-horizontal ICT mergers, including Intel/Mc Afee, ARM/Giesecke & Devrient/Gemalto Joint Venture, Telefonica UK/Vodafone UK/Everything Everywhere Joint Venture and Intel/Altera. Remedies in this type of case may also involve access remedies and/or other non-divestiture remedies. At the same time, the EU merger control regime acknowledges that mergers may result in synergies arising from innovation that can offset anti-competitive effects. In TomTom/TeleAtlas, the Commission recognised innovation efficiencies that were at least partly merger-specific and beneficial to consumers.
