Promoting Competition in Innovation Through Merger Control in the ICT Sector PDF Download
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Author: Kalpana Tyagi
Publisher: Springer
ISBN: 366258784X
Category : Law
Languages : en
Pages : 341
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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
Get Book Here
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: Kokkoris, Ioannis
Publisher: Edward Elgar Publishing
ISBN: 1789903793
Category : Law
Languages : en
Pages : 507
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Book Description
This incisive Research Handbook identifies and assesses the emerging trends in competition enforcement, investigating how such changes impact the enforcement approach of competition authorities and the behaviour of companies in an ever-evolving business and regulatory environment.
Author: Robert Bork
Publisher:
ISBN: 9781736089712
Category :
Languages : en
Pages : 536
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Book Description
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Author: Damien Gerard
Publisher: Kluwer Law International B.V.
ISBN: 9403522445
Category : Law
Languages : en
Pages : 362
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Book Description
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.
Author: Bruce Kilpatrick
Publisher: Springer Nature
ISBN: 303107422X
Category : Law
Languages : en
Pages : 463
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Book Description
This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Author: Andrej Fatur
Publisher: Bloomsbury Publishing
ISBN: 1847319130
Category : Law
Languages : en
Pages : 297
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Book Description
Competition policies have long been based on a scholarly tradition focused on static models and static analysis of industrial organisation. However, recent developments in industrial organisation literature have led to significant advances, moving beyond traditional static models and a preoccupation with price competition, to consider the organisation of industries in a dynamic context. This is especially important in the field of information and communication technology (ICT) network industries where competition centres on network effects, innovation and intellectual property rights, and where the key driver of consumer benefit is technological progress. Consequently, when an antitrust intervention is contemplated, a number of considerations that arise out of the specific nature of the ICT sector have to be taken into account to ensure improved consumer welfare. This book considers the adequacy of existing EU competition policy in the area of the ICT industries in the light of the findings of modern economic theory. Particular attention is given to the implications of these dynamic markets for the competitive assessment and treatment of the most common competitive harms in this area, such as non-price predatory practices, tying and bundling, co-operative standard setting, platform joint ventures and co-operative R&D.
Author: Andrej Savin
Publisher: Edward Elgar Publishing
ISBN: 1786431807
Category : Business & Economics
Languages : en
Pages : 459
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Book Description
Providing a comprehensive overview of the current European regulatory framework on telecommunications, this book analyses the 2016 proposal for a European Electronic Communications Code (EECC). The work takes as its basis the 2009 Regulatory Framework on electronic communications and analyses each of its five main directives, comparing them with the changes proposed in the EECC. Key chapters focus on issues surrounding choosing the right regulatory model in order to secure effective investment in next-generation networks and ensure their successful deployment.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264683585
Category :
Languages : en
Pages : 138
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Book Description
Austrian citizens enjoy high living standards, well-being and social cohesion. Until the ongoing global slowdown, robust employment growth in the private sector kept domestic demand and investment remarkably robust. More people moved into work and inward migration has been strong. At the same time, new challenges related to social cohesion challenges have emerged, as increased skill differences in the population and diverging productivity performance across firms have generated a higher range of outcomes for job quality and market wages than in the past. Myriad entrepreneurial firms across all regions should better adapt to new megatrends of ageing, globalisation and digitalisation.
Author: OECD
Publisher: OECD Publishing
ISBN: 926427636X
Category :
Languages : en
Pages : 206
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Book Description
Although Finland achieved a widely acclaimed transformation to become a leading knowledge-based economy in the late 20th century, the 2009 recession, which led to Nokia’s restructuring and the downsizing of traditional sectors.
Author: Milena Stoyanova
Publisher: Kluwer Law International B.V.
ISBN: 9041127364
Category : Law
Languages : en
Pages : 362
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Book Description
This innovative study of the role of competition law in the telecommunications industry starts from a classic perspective: While, in principle, regulation benefits social welfare and efficient allocation of resources, past regulatory experience shows that regulation can be flawed and lead to welfare harm rather than good. In the telecommunications industry specifically, inappropriately designed sector-specific remedies and regulatory delays in the introduction of new telecommunications services can hold up the development of the market towards effective competition and could incur considerable welfare losses. In addition, conventional antitrust analysis still lags behind the dynamic nature of the electronic communications markets. Milena Stoyanova sets out to establish a new understanding of the role of sector-specific regulation and competition law enforcement in the electronic communications sector, addressing such questions as the following: and Why a new regulatory framework? and Are sectoral regulation and competition law enforcement mutually exclusive or complementary? and Why should electronic communications markets be regulated to conform to competition law principles? and What does competition law add to sector-specific regulation? and What is the relationship or proportion between regulation and competition law enforcement? An overview of the telecommunications liberalization process initiated at European Community level reveals such problems as a divergent approach of national regulatory authorities in the application of one and the same norms, inability of competition authorities to rightly assess the technicalities underlying a competition problem, and difficulty in carrying out a periodical oversight of compliance with the competition law remedies. The author discusses the legal basis and rationale for the application of the essential facility doctrine to the electronic communications sector, and argues for new regulatory responses to the emergence of collective dominant firms in an oligopolistic setting and to the potential of multifirm conduct to restrict competition through price squeezing and other tactics. The book concludes with a specific case study on the harmonisation of recent Bulgarian legislation with the European Community sector-specific and competition law regimes andà propos the electronic communications sector. Effective competition in the electronic communications market is crucial for securing the dynamic role of the entire information and communications technologies sector, of which electronic communications form the largest segment. The sound and well-informed recommendations in this book ably address common and persistent problems, making Competition Problems in Liberalized Telecommunications a forward-looking mainstay for practitioners and other professionals involved in all aspects of the field.
