CEU eTD Collection (2010); Kosalko, Matej: TYING CONCERN UNDER US AND EC MERGER CONTROL

CEU Electronic Theses and Dissertations, 2010
Author Kosalko, Matej
Title TYING CONCERN UNDER US AND EC MERGER CONTROL
Summary The paper describes under which circumstances, is tying or bundling considered to be a reason to enjoin the proposed merger in the by the antitrust authorities in the United States of America (US) and the European Commission (Commission). This paper identifies through the analysis of the jurisprudence of the European Court of Justice and United States Supreme Court as well as the practices of the respective competition authorities the conditions that give rise to tying and bundling concerns. Although the policy of both jurisdictions substantially overlaps, nevertheless there exist some important differences. The European policy is much clearer and predictable then the policy of the United States. The European policy covers much broader scale of situation that can bring tying and bundling issues and thus parties to the concentration that will have community dimension shall consider present issue under the European rules in the first place.
Supervisor Stuyck, Jules
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2010/kosalko_matej.pdf

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