Publication details
Nabývání minoritních podílů z hlediska hospodářské soutěže
| Title in English | Minority Shareholding from the Perspective of competition |
|---|---|
| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Obchodní právo |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | minority shareholding; merger; SEIC test; theory of harm; excessive influence; competition; structural links |
| Attached files | |
| Description | The European Commission thinks about widening its power regarding merger control. The planned changes should enable it to review acquiring of minority shares in other undertaking without gaining so called excessive influence. The reason is that constitution of such structural links might according to the economic theory and also some practical experience in very specific circumstances significantly impede effective competition and therefore lead in fact to same results as mergers that should not be allowed. Under current merger legislation the European Commission cannot deal with structural links based on minority shareholding effectively. The question is if such new power is really necessary and how should be eventually implemented. |
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