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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]

Author

Listed:
  • Congedo, Pierluigi

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.

Suggested Citation

  • Congedo, Pierluigi, 2003. "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 co," MPRA Paper 3707, University Library of Munich, Germany, revised Sep 2003.
    • Handle: RePEc:pra:mprapa:3707
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    More about this item

    Keywords

    monopoly; oligopoly; pay-tv; failing firm defence; European Commission; decision; merger;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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