La decisione della Commissione Newscorp/Telepiù (COMP/M. 2876). Flessibilità nell’applicazione del concetto di dominance nella creazione di un quasi-monopolio, in considerazione degli interessi del consumatore finale e degli impegni assunti dall’acquirente

European Commission Decision Newscorp/Telepiù (Comp/M.2876). Flexibility of the dominance test in a situation of near-monopoly: final consumer interest and undertakings offered by the acquiring company

Pierluigi Congedo

MPRA Paper from University Library of Munich, Germany

Abstract: The article tackles the key-points of the European Commission decision clearing a complex merger in which a situation of ex-post near-monopoly was created. The article mainly deals with the counter-factual analysis where the merger would not have been cleared, in particular considering the financial situation of the acquired company (Telepiù). It also briefly mentions the 2002/2003 debate preceding the adoption of the new EC merger regulation 139/04: the scope of the EC dominance-oriented test, on one hand, and the UK Substantial Lessening of Competition test, on the other.

Keywords: monopoly; oligopoly; pay-tv; failing firm defence; European Commission; decision; merger (search for similar items in EconPapers)
JEL-codes: K21 (search for similar items in EconPapers)
Date: 2003-09, Revised 2003-09
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