The Competitive Effects of Minority Shareholdings: Legal and Economic Issues

Description

The objective of this book is twofold. First, it presents the economics of minority shareholdings, under both merger and antitrust law. In particular, economic analysis provides both an overall assessment of minority shareholdings in the context of concentrations, and Articles 101 and 102 TFEU and the examination of the link between non-controlling minority shareholdings, merger control and antitrust law. Secondly, the book also provides a legal assessment and an analysis of selected case law. According to settled European case law, minority shareholdings are analysed not only under Regulation 139/2004, but also under Articles 101 and 102 TFEU. Nevertheless, according to current enforcement practice at European and international levels, several national competition authorities have adopted different approaches. The million-dollar question is whether the existing regulatory framework is sufficient to cover all possible cases. In summary, the book will be a useful tool for students, practitioners, researchers, economic and legal experts, and competition authorities. It provides a comprehensive survey of the subject, which has been missing until now, and answers many questions that have been raised in the literature in the last decades. Volume 13 in the series Hart Studies in Competition Law Contents List of Tables List of Figures Table of Cases Table of Legislation 1. The Evolution of Merger Control Regime in EU and Minority Interests I. Current State of EU Merger Control andProvisions for the Future II.
Minority Interests in the Merger Control Regime:
A Retrospective View to the Future 2.
Concepts and Types of
Minority Interests I. Useful Preliminaries Regarding Minority Interests II.
Minority Shareholdings III.
Final Remarks 3.
Minority Interests Under Merger
and Antitrust Law I. Minority Interests Under Merger Law II.
Minority Shareholdings in the Context of Articles 101 and 102 TFEU 4.
The Economics of Minority Interests I. Theoretical Literature Review of Minority Shareholdings II.
Unilateral Effects of Minority Shareholdings 5.
Case Law Regarding Minority Interests I.
Merger Case Law Regarding Minority Shareholdings II.
Antitrust and Abuse of Dominant Position Case Law Regarding Minority Shareholdings 6.
Greek Coastal Navigation Case I.
Greek Coastal Navigation Sector: The Facts II.
Research of the Directorate General of Competition III.
Legal Assessment 7.
Empirical Literature Review of
Minority Interests I. Empirical Evidence of Minority Shareholdings 8. Commission's
White Paper I. Analysis of the Commission’s White Paper 9. Commission's
White Paper in Practice I. The Commission’s White Paper and its Practicability II.
Minority Interests from an Economic Point of View 10.
Conclusion I. Legal and Economic Issues II.
Cases Involving Minority Interests within
EU and Worldwide III. The Commission's
Argument Regarding Minority Interests IV. The Authors'
Argument Regarding Minority Interests Index