1.

Record Nr.

UNINA9910337832403321

Autore

Tyagi Kalpana

Titolo

Promoting Competition in Innovation Through Merger Control in the ICT Sector [[electronic resource] ] : A Comparative and Interdisciplinary Study / / by Kalpana Tyagi

Pubbl/distr/stampa

Berlin, Heidelberg : , : Springer Berlin Heidelberg : , : Imprint : Springer, , 2019

ISBN

3-662-58784-X

Edizione

[1st ed. 2019.]

Descrizione fisica

1 online resource (325 pages)

Collana

Munich Studies on Innovation and Competition, , 2199-7462 ; ; 10

Disciplina

338.6048094

Soggetti

Mass media

Law

Commercial law

Private international law

Conflict of laws

Computers

Law and legislation

Commercial law - European Economic Community countries

IT Law, Media Law, Intellectual Property

Business Law

Private International Law, International & Foreign Law, Comparative Law

Legal Aspects of Computing

European Economic Law

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Nota di contenuto

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.

Sommario/riassunto

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.