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Promoting Competition in Innovation Through Merger Control in the ICT Sector

A Comparative and Interdisciplinary Study

  • Book
  • © 2019

Overview

Authors:
  1. Kalpana Tyagi

    1. Center for Legal Informatics in the Department of Law, Aarhus Universitet School of Business and Social Sciences, Aarhus, Denmark

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  • Pursues a comparative and interdisciplinary approach
  • Addresses merger control in the innovation-led information communication technology, telecommunications and multi-sided platform economy
  • Provides a detailed discussion on merger remedy-related arbitration and how it can facilitate the implementation of non-structural remedies in the innovation-led sectors of the economy

Part of the book series: Munich Studies on Innovation and Competition (MSIC, volume 10)

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Table of contents (18 chapters)

  1. Front Matter

    Pages i-xxxi
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  2. Introduction

    • Kalpana Tyagi
    Pages 1-10

  3. Part I

    1. Front Matter

      Pages 11-12
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    2. (Ir-) Relevant Markets in the High Technology Sector (?)

      • Kalpana Tyagi
      Pages 13-29

    3. Salient Features of the ICT Sector

      • Kalpana Tyagi
      Pages 31-45

    4. Theory of Harm: Unilateral Effects in ICT Mergers

      • Kalpana Tyagi
      Pages 47-71

    5. Theories of Harm: Vertical Effects in ICT Mergers

      • Kalpana Tyagi
      Pages 73-95

    6. Theories of Harm: Conglomerate Effects and Types of Evidence

      • Kalpana Tyagi
      Pages 97-111

    7. Merger Control in the EU and the UK

      • Kalpana Tyagi
      Pages 113-130

    8. Merger Control in the US

      • Kalpana Tyagi
      Pages 131-140

  4. Part II

    1. Front Matter

      Pages 141-142
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    2. Mergers, Innovation and Remedies’ Design

      • Kalpana Tyagi
      Pages 143-159

    3. Merger Remedies

      • Kalpana Tyagi
      Pages 161-164

    4. Structural Remedies

      • Kalpana Tyagi
      Pages 165-183

    5. Non-structural Remedies

      • Kalpana Tyagi
      Pages 185-205

    6. Remedies in the Telecommunications Sector

      • Kalpana Tyagi
      Pages 207-220

    7. Merger Remedy-Related Arbitration: une innovation suprenante

      • Kalpana Tyagi
      Pages 221-239

    8. RTI v. Sky: The First Reported Case of Merger Remedy Related Arbitration

      • Kalpana Tyagi
      Pages 241-249

    9. Monitoring Trustee

      • Kalpana Tyagi
      Pages 251-262

  5. Part III

    1. Front Matter

      Pages 263-263
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Keywords

About this book

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.


Authors and Affiliations

  • Center for Legal Informatics in the Department of Law, Aarhus Universitet School of Business and Social Sciences, Aarhus, Denmark

    Kalpana Tyagi

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