Killer acquisitions

• Department of Law

The Competition Law Working Group hosts an event with David Bosco (Aix-Marseille University).

Abstract:

Competition authorities are on the alert: powerful (pharma and tech) companies are preempting innovation and preventing potential competition from start-ups by absorbing them massively. In response to this scourge, several directions have been considered in European Union law. The first was to make these acquisitions of start-ups subject to the merger control provided for in Regulation 139/2004. However, the Court of Justice ruled out the use of merger control in such cases, on the grounds that these mergers were below the control thresholds and that the referral mechanism (Article 22 of the Regulation) used by the European Commission was being misguided. A second direction was then taken: subjecting these mergers to antitrust rules (abuse of dominant position - art. 102 TFEU, and cartels - art. 101 TFEU), revitalising an old debate. Professor Bosco will explore the possibilities offered by antitrust in this area. Antitrust is far from being the miracle cure one had hoped for. 

The Competition Law Working Group is a forum where EUI members, external researchers, and practitioners working on antitrust law and economics discuss their work and interact with other scholars. All interested fellows, PhD researchers, professors, and visiting academics are invited to participate.