[PDF] Killer Acquisitions In Digital Markets An Analysis Of The Eu Merger Control Regime eBook

Author : Giulia Sonderegger
Publisher : buch & netz
Page : 348 pages
File Size : 31,15 MB
Release : 2024-06-10
Category : Law
ISBN : 3038056731

GET BOOK

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 :
Page : 0 pages
File Size : 42,58 MB
Release : 2023
Category :
ISBN :

GET BOOK

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 : Catalin Stefan Rusu
Publisher : Kluwer Law International B.V.
Page : 306 pages
File Size : 37,48 MB
Release : 2010-01-01
Category : Business & Economics
ISBN : 9041132597

GET BOOK

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
Page : 1680 pages
File Size : 50,57 MB
Release : 2021-12-14
Category : Law
ISBN : 180220346X

GET BOOK

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 : Fevzi Toksoy
Publisher : Kluwer Law International B.V.
Page : 264 pages
File Size : 44,13 MB
Release : 2022-05-11
Category : Law
ISBN : 9403543043

GET BOOK

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.

Author : Christophe Carugati
Publisher :
Page : 0 pages
File Size : 31,56 MB
Release : 2022
Category :
ISBN :

GET BOOK

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.

Author : Ilene Knable Gotts
Publisher : Law Business Research Ltd.
Page : 871 pages
File Size : 31,70 MB
Release : 2017-09-20
Category :
ISBN : 191237773X

GET BOOK

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

Author : Giulia Sonderegger
Publisher : buch & netz
Page : 266 pages
File Size : 25,24 MB
Release : 2024-06-10
Category : Law
ISBN : 303805674X

GET BOOK

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.