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Killer Acquisitions: the Problem of Over- and Under-Enforcement, Its Effects on the Market of the European Union and the Means to Combat It

Poritski, Artjom LU (2024) JAEM03 20241
Department of Law
Faculty of Law
Abstract
Killer acquisition is a type of acquisition that allows the acquiring
undertaking to curb market competition by preemptively removing a
potentially competitive undertaking that would directly compete with the
acquiring undertaking. Such an acquisition allows the acquiring undertaking
to continue being the dominant provider, while consumers experience a
decrease in consumer welfare. This type of acquisition is allowed to happen
due to the fact that the legal system of the EU has enforcement gaps.
Because of these enforcement gaps, the EC is unable to investigate such
acquisitions to either approve them, approve them subject to commitments,
or prohibit them. The main question, however, is whether this should be a
concern... (More)
Killer acquisition is a type of acquisition that allows the acquiring
undertaking to curb market competition by preemptively removing a
potentially competitive undertaking that would directly compete with the
acquiring undertaking. Such an acquisition allows the acquiring undertaking
to continue being the dominant provider, while consumers experience a
decrease in consumer welfare. This type of acquisition is allowed to happen
due to the fact that the legal system of the EU has enforcement gaps.
Because of these enforcement gaps, the EC is unable to investigate such
acquisitions to either approve them, approve them subject to commitments,
or prohibit them. The main question, however, is whether this should be a
concern for the EC in the first place. Are killer acquisitions harmful enough
to require the remedying of the enforcement gap? Should the EC over- or
under-enforce? And if the answer is yes, what is the best approach to
combat killer acquisitions? The paper aims to answer these questions by
highlighting the effects killer acquisitions have on the market and
investigating the potential solutions that could be adopted by the EU in
order to remedy the enforcement gaps in the legal system and be able to
capture killer acquisitions and stop them from damaging consumer welfare. (Less)
Please use this url to cite or link to this publication:
author
Poritski, Artjom LU
supervisor
organization
course
JAEM03 20241
year
type
H2 - Master's Degree (Two Years)
subject
language
English
id
9154907
date added to LUP
2024-06-25 12:24:50
date last changed
2024-06-25 12:24:50
@misc{9154907,
  abstract     = {{Killer acquisition is a type of acquisition that allows the acquiring 
undertaking to curb market competition by preemptively removing a 
potentially competitive undertaking that would directly compete with the 
acquiring undertaking. Such an acquisition allows the acquiring undertaking 
to continue being the dominant provider, while consumers experience a 
decrease in consumer welfare. This type of acquisition is allowed to happen 
due to the fact that the legal system of the EU has enforcement gaps. 
Because of these enforcement gaps, the EC is unable to investigate such 
acquisitions to either approve them, approve them subject to commitments, 
or prohibit them. The main question, however, is whether this should be a 
concern for the EC in the first place. Are killer acquisitions harmful enough 
to require the remedying of the enforcement gap? Should the EC over- or 
under-enforce? And if the answer is yes, what is the best approach to 
combat killer acquisitions? The paper aims to answer these questions by 
highlighting the effects killer acquisitions have on the market and 
investigating the potential solutions that could be adopted by the EU in 
order to remedy the enforcement gaps in the legal system and be able to 
capture killer acquisitions and stop them from damaging consumer welfare.}},
  author       = {{Poritski, Artjom}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Killer Acquisitions: the Problem of Over- and Under-Enforcement, Its Effects on the Market of the European Union and the Means to Combat It}},
  year         = {{2024}},
}