Promoting Competition in Innovation Through Merger Control in the ICT Sector

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.

Inhalt

Introduction.- Part I Merger Review.- (Ir-) Relevant Markets in the High Technology Sector (?).-Salient Features of the ICT Sector.- Theory of Harm: Unilateral Effects in ICT Mergers.- Theories of Harm: Vertical Effects in ICT Mergers.- Theories of Harm: Conglomerate Effects and Types of Evidence.- Merger Control in the EU and the UK.- Merger Control in the US.- Part II Merger Remedies and Merger Remedy-related Arbitration.- Mergers, Innovation and Remedies' Design.- Merger Remedies.- Structural Remedies.- Non-structural Remedies.- Remedies in the Telecommunications Sector.- Merger Remedy-Related Arbitration: une innovation suprenante.- RTI v. Sky: The First Reported Case of Merger Remedy Related Arbitration.- Monitoring Trustee.- Part III Big Data Mergers: Merger Review and Remedies.- Big Data and Merger Control.- Part IV Summary, Conclusions and the Road Ahead.- Summary, Conclusions and Further Research