Trademarks And Brands In Merger Control
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| Author | : Damiano Canapa |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 636 |
| Release | : 2016-06-23 |
| Genre | : Law |
| ISBN | : 9041167188 |
The role of intellectual property rights in merger control procedures has not received the attention it warrants. Most research has focused on the assessment of intellectual property rights in anticompetitive conducts rather than on how a firm can monopolise a market by accumulating such assets. This is despite the fact that access to such assets, whether used or unused, is often a key factor, if not the only one, motivating mergers. This book, the first to address trademarks and brands from the perspective of merger control procedure, studies the legal issues of the topic. It provides a comprehensive response to the question of how European and Swiss competition authorities should consider trademarks and brands when assessing a merger. The author's thorough and critical approach addresses topics such as: - the in-depth assessment of the legal and economic foundations of both trademarks and brands, and merger control; - why trademarks and brands may be relevant to the assessment of mergers, including the distinction between trademarks and brands, the origin of the brands' strength according to marketing sciences, and how and why brands may provide market power to their holder; - the conditions under which the assignment or licence of a trademark may qualify as a concentration under the definition of the European Union Merger Regulation or of the Swiss Cartel Act; - the role played by trademarks and brands in the substantive assessment of a merger, including the definition of the relevant markets, different types of mergers, and the invocation of the failing firm defence; - the provision of detailed guidelines describing the possible influence of trademarks and brands on the outcome of the merger assessment; and - the importance of trademarks and brands in the design and assessment of remedies. At every stage of the study, special attention is given to the decisions of both the European Commission and the Swiss Competition Commission. As the first detailed analysis of the role of trademarks and brands in the assessment of mergers, this book constitutes a deep and illuminating answer to the uncertainties regarding the outcomes of the assessment of mergers that derive from the 'more economic approach' prevailing in European Union Law. It cannot fail but capture the interest of practitioners, businesspeople and academics whose work involves competition and intellectual property.
| Author | : Lavinia Brancusi |
| Publisher | : Taylor & Francis |
| Total Pages | : 290 |
| Release | : 2023-07-13 |
| Genre | : Law |
| ISBN | : 1000902927 |
This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.
| Author | : Fevzi Toksoy |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 264 |
| Release | : 2022-05-11 |
| Genre | : Law |
| ISBN | : 9403543043 |
As a country on the way to integration with the European Union (EU), Turkey has been following EU principles in establishing and improving its merger control regime, as well as overall competition law, keeping pace with changes in relevant EU legislation and case law. This book presents, for the first time, a description and analysis of the relationship between the EU and Turkish merger control law and practice. The second edition of the book considers the legislative changes that occurred in 2020-2021, including the reform of the Turkish Competition Law which introduced the significant impediment to effective competition (SIEC) test into the Turkish concentration control. The authors—all three, both practicing lawyers and academicians in Turkey—focus on comparing substantive, procedural and jurisdictional issues and draw parallels on their regulation in the two jurisdictions. These matters include the following: determining whether a transaction shall be regarded as a notifiable merger, hence be subject to control; financial thresholds used for allocating jurisdictions; extraterritoriality of merger control; relationship between the SIEC test and the dominance test; determination of the relevant market; techniques used for assessment of horizontal and non-horizontal mergers; notification requirements; procedural duties of competition authorities in relation to remedies; third-party rights; gun-jumping fines and other sanctions for failure to comply with merger control requirements; and peculiarities of assessment of mergers in the Big Data world. Each chapter provides an overview of the respective issues in the EU and Turkey, projecting a clear understanding of the main similarities and differences in the two regimes. A notable feature is an in-depth analysis of applicable case law concerning each issue, with most of the Turkish decisions available in English for the first time. The book’s comparative approach will prove to be of great value. With its clear answers to questions about what transactions are subject to merger control, what criteria are used in assessing those transactions, and the main issues that a foreign company should be aware of while merging with another foreign company with effect in Turkey and/or EU, the book will be of immeasurable value for lawyers and their business clients dealing with multijurisdictional merger cases. Interested academics and policymakers will also find much here to attract their attention.
| Author | : Giulia Sonderegger |
| Publisher | : buch & netz |
| Total Pages | : 266 |
| Release | : 2024-06-10 |
| Genre | : Law |
| ISBN | : 303805674X |
In her PhD thesis, Giulia Aurélie Sonderegger analyses killer acquisitions, which, in short, are acquisitions that aim to pre-empt potential future competition at an early stage. While this phenomenon was originally discovered in pharmaceutical markets, this thesis exclusively discusses killer acquisitions in the context of digital markets, thereby primarily focusing on the current European Merger Control Regulation (EUMR). The main research question is whether the EUMR is appropriate to tackle killer acquisitions occurring in digital markets, and if not, in what ways it needs to be amended to better address the challenges in the future. To tackle this question, the author assesses both the economic and legal effects of killer acquisitions on merger control in digital markets and, based on her findings, suggests amendments to the current European merger control regime. For a more comprehensive analysis, this thesis also includes an assessment of the recently enacted Digital Markets Act (DMA) to ascertain whether this regulation may serve as an additional tool to remedy such transactions.
| Author | : Ioannis Kokkoris |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 685 |
| Release | : 2023-05-09 |
| Genre | : Law |
| ISBN | : 180037819X |
Over the past 30 years, merger control has become well-established around the world with broad consensus around its ambit and objectives. That consensus has fractured in recent years. Enforcement today is at a critical juncture, facing an array of challenges and calls for reform unprecedented in their scope and intensity. Authored by leading legal practitioners, economists, enforcers and jurists, this timely Research Handbook on Global Merger Control discusses those challenges and predicts how merger control is likely to evolve.
| Author | : Angelika S. Murer |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 386 |
| Release | : 2021-12-03 |
| Genre | : Law |
| ISBN | : 9403538155 |
In practice and jurisprudence in European competition law, it is especially difficult to define the boundaries of patent abuse as an offence. In this thoroughly researched book, the author answers the question of when and how an application for a blocking patent can amount to an abuse of a dominant position under Article 102 TFEU. Drawing on legal literature and European Union (EU) case law, the presentation analyses a constellation of blocking patenting strategies and proposes potential remedies where abuse is involved. With detailed descriptions of the characteristics of potentially abusive and non-abusive behaviour regarding applications for blocking patents, the book provides the following and more: a comprehensive analysis of the case law of the EU courts on the abuse of a dominant position in cases which involve intellectual property rights; insights on how patenting strategies affect competition with a particular focus on the application of blocking patents; an overview of the developments in doctrine and practice which led to the current understanding of the seemingly conflictual goals of competition and intellectual property law; and insights on the difficulties of defining relevant markets and establishing whether an undertaking holds a dominant position. The book illustrates the mechanisms of blocking patenting strategies with examples from the pharmaceutical industry because blocking strategies have particular relevance in applying for patents in that context. A test scheme for analysing the application of a blocking patent under Article 102 TFEU is included. Additionally, the book provides an outlook on the topic of patents and shortages of supply in light of the COVID pandemic. Practitioners and policymakers requiring an understanding of the conceptual framework of the abuse concept within EU competition law and how it relates to patent strategies will welcome this invaluable book. They will not only be able to set the conduct of applying for blocking patents into the Article 102 TFEU context but also have decisive tools to approach questions on the intersection of patent law and competition law in the EU.
| Author | : Joe Cannataci |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 328 |
| Release | : 2020-09-25 |
| Genre | : Law |
| ISBN | : 1788976223 |
This groundbreaking book explores the new legal and economic challenges triggered by big data, and analyses the interactions among and between intellectual property, competition law, free speech, privacy and other fundamental rights vis-à-vis big data analysis and algorithms.
| Author | : Tingting Weinreich-Zhao |
| Publisher | : Springer |
| Total Pages | : 408 |
| Release | : 2014-11-19 |
| Genre | : Law |
| ISBN | : 3662438682 |
On 1 August 2008 the Chinese Anti-Monopoly Law entered into force, introducing a comprehensive framework for competition law to the Chinese market. One set of the new rules pertains to merger control. China’s Ministry of Commerce (MOFCOM) was nominated as the authority responsible for enforcing merger control in China and has been actively doing so ever since. Recent years have established China as one of the most important merger filing jurisdictions for cross-border mergers alongside the EU and USA. This work evaluates the Chinese merger control law regime and MOFCOM’s decision-making practice after more than five years of application. In particular, it assesses which policy goals (competition policy goals or industrial policy considerations) prevail in the written law and its application and provides suggestions for a further improvement of the law – with the aim to develop a transparent merger control regime that promotes long-term economic growth in China.
| Author | : A. Nigel Parr |
| Publisher | : Sweet & Maxwell |
| Total Pages | : 970 |
| Release | : 2005 |
| Genre | : Business & Economics |
| ISBN | : 9780421861008 |
The second edition of this book provides a definitive statement of the law relating to UK merger control following the wide-ranging changes to the merger control system being introduced by the Enterprise Act, during the second half of 2003
| Author | : Anna Renata Pisarkiewicz |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 296 |
| Release | : 2018-06-22 |
| Genre | : Law |
| ISBN | : 9041162720 |
Margin squeeze is a form of abuse of a dominant position in which a vertically integrated company reduces the margin between the price charged to competitors and the price charged to consumers, which can have the effect of excluding a competitor from the market. In the decade or so since the liberalisation of network industries, margin squeeze has become a major source of concern among competition authorities and courts, particularly pronounced in the electronic communications sector. Because some of the adopted decisions show significant inconsistencies in approach, and legal certainty remains elusive in this area, this book which provides an extremely thorough analysis is both timely and of great practical value. The author provides an in-depth examination of margin squeeze allegations in the electronic communications sector with a view to developing a more advanced and comprehensive analysis of principles which should guide ex post assessment of margin squeeze. Issues and topics covered include: – scope of intervention in margin squeeze cases both for national regulatory and national competition authorities; – conditions for sanctioning margin squeeze under Article 102; – methodological and practical difficulties in identifying a margin squeeze; – methodology employed in margin squeeze cases and its regulatory aspects; – assessment of the ability and incentives of regulated firms to engage in a margin squeeze; and – situations when competition law is used to address the deficits of regulation and regulatory failures. It also includes a critical comparison of the vertical foreclosure analysis undertaken in margin squeeze cases with the approach adopted in the EU Non-Horizontal Merger Guidelines. Throughout the analysis, margin squeeze treatment in the European Union and its Member States is examined in light of the diverging approach adopted by the US Supreme Court. The increasing complexity of the electronic communications market can only further confound an already complex assessment of price squeezes, and one can expect that claims of anticompetitive margin squeeze in liberalised network industries will continue to be high on the enforcement agenda of competition authorities for years to come. In light of the need for a coherent, or at least predictable, sentencing policy to provide relative legal certainty, the research in this book proves invaluable. The analysis and conclusions discussed in this book will be welcomed by policymakers, regulators, and lawyers working in the areas of competition law and electronic communications law.
