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Strategic Alliances- a competition law assessment with special emphasis on the telecommunications sector

Meurling, Eva (2001)
Department of Law
Abstract
Strategic alliances can be defined as contractual co-operations between two legally independent companies operating on the same horizontal level of the market and whose purpose is to strengthen the competitiveness of the undertakings concerned through the achievement of strategic competitive advantages. Having its origin in theories of business management, the term has over the last decade become somewhat of a buzzword and a very popular form of co-operation between international undertakings. The questions forming the basis for this thesis are therefore: Which new types of circumstances may arise out of strategic alliances? What possible consequences may these have on competition in the relevant markets? And: does the existing legal... (More)
Strategic alliances can be defined as contractual co-operations between two legally independent companies operating on the same horizontal level of the market and whose purpose is to strengthen the competitiveness of the undertakings concerned through the achievement of strategic competitive advantages. Having its origin in theories of business management, the term has over the last decade become somewhat of a buzzword and a very popular form of co-operation between international undertakings. The questions forming the basis for this thesis are therefore: Which new types of circumstances may arise out of strategic alliances? What possible consequences may these have on competition in the relevant markets? And: does the existing legal framework and legal principles of the EC Treaty offer a sufficient basis in order to make an adequate assessment of the phenomenon? The legal assessment of the term shows that strategic alliances do not give rise to any jurisdictional concerns, the existing framework of Article 81 of the EC Treaty offers an adequate foundation for a competition law assessment. This applies to all kinds of strategic alliances, either in the form of an integrated joint venture or through the form of a looser kind of co-operation. Strategic alliances in the telecom sector are generally presumed to fall under the application of Article 81 (1) due to the fact that the parents are actual or potential competitors and have an incentive to co-ordinate their competitive behaviour. These alliances will however at the same time also fall under the application of Article 81 (3) and receive an individual exemption. Telecom alliances are able to offer new sets of products and services more quickly, cheaply and of more advanced nature than any company could do by itself. They will improve the economic and technical standard of the European Union and the everyday life of the end-customer. (Less)
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author
Meurling, Eva
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Konkurrensrätt
language
English
id
1560183
date added to LUP
2010-03-08 15:55:26
date last changed
2010-03-08 15:55:26
@misc{1560183,
  abstract     = {Strategic alliances can be defined as contractual co-operations between two legally independent companies operating on the same horizontal level of the market and whose purpose is to strengthen the competitiveness of the undertakings concerned through the achievement of strategic competitive advantages. Having its origin in theories of business management, the term has over the last decade become somewhat of a buzzword and a very popular form of co-operation between international undertakings. The questions forming the basis for this thesis are therefore: Which new types of circumstances may arise out of strategic alliances? What possible consequences may these have on competition in the relevant markets? And: does the existing legal framework and legal principles of the EC Treaty offer a sufficient basis in order to make an adequate assessment of the phenomenon? The legal assessment of the term shows that strategic alliances do not give rise to any jurisdictional concerns, the existing framework of Article 81 of the EC Treaty offers an adequate foundation for a competition law assessment. This applies to all kinds of strategic alliances, either in the form of an integrated joint venture or through the form of a looser kind of co-operation. Strategic alliances in the telecom sector are generally presumed to fall under the application of Article 81 (1) due to the fact that the parents are actual or potential competitors and have an incentive to co-ordinate their competitive behaviour. These alliances will however at the same time also fall under the application of Article 81 (3) and receive an individual exemption. Telecom alliances are able to offer new sets of products and services more quickly, cheaply and of more advanced nature than any company could do by itself. They will improve the economic and technical standard of the European Union and the everyday life of the end-customer.},
  author       = {Meurling, Eva},
  keyword      = {Konkurrensrätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {Strategic Alliances- a competition law assessment with special emphasis on the telecommunications sector},
  year         = {2001},
}