Promoting Competition in Innovation Through Merger Control in the ICT Sector: A Comparative and Interdisciplinary Study (Munich Studies on Innovation and Competition, 10)

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.-- Provided by publisher Front Matter ....Pages i-xxxi Introduction (Kalpana Tyagi)....Pages 1-10 Front Matter ....Pages 11-12 (Ir-) Relevant Markets in the High Technology Sector (?) (Kalpana Tyagi)....Pages 13-29 Salient Features of the ICT Sector (Kalpana Tyagi)....Pages 31-45 Theory of Harm: Unilateral Effects in ICT Mergers (Kalpana Tyagi)....Pages 47-71 Theories of Harm: Vertical Effects in ICT Mergers (Kalpana Tyagi)....Pages 73-95 Theories of Harm: Conglomerate Effects and Types of Evidence (Kalpana Tyagi)....Pages 97-111 Merger Control in the EU and the UK (Kalpana Tyagi)....Pages 113-130 Merger Control in the US (Kalpana Tyagi)....Pages 131-140 Front Matter ....Pages 141-142 Mergers, Innovation and Remedies’ Design (Kalpana Tyagi)....Pages 143-159 Merger Remedies (Kalpana Tyagi)....Pages 161-164 Structural Remedies (Kalpana Tyagi)....Pages 165-183 Non-structural Remedies (Kalpana Tyagi)....Pages 185-205 Remedies in the Telecommunications Sector (Kalpana Tyagi)....Pages 207-220 Merger Remedy-Related Arbitration: une innovation suprenante (Kalpana Tyagi)....Pages 221-239 RTI v. Sky: The First Reported Case of Merger Remedy Related Arbitration (Kalpana Tyagi)....Pages 241-249 Monitoring Trustee (Kalpana Tyagi)....Pages 251-262 Front Matter ....Pages 263-263 Big Data and Merger Control (Kalpana Tyagi)....Pages 265-303 Front Matter ....Pages 305-305 Summary, Conclusions and Further Research (Kalpana Tyagi)....Pages 307-311 Back Matter ....Pages 313-328