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The Legal Treatment of Minority Shareholdings Under EU Competition Law: Present and Future

Tzanaki, A; (2015) The Legal Treatment of Minority Shareholdings Under EU Competition Law: Present and Future. In: University of Piraeus - Essays in Honour of Professor Panayiotis I. Kanellopoulos, Sakkoulas Publications, Athens 2015, 861-886. Sakkoulas Publications: Athens, Greece. Green open access

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Abstract

The debate on the regulation of minority shareholdings as a type of “structural link” between competing undertakings is not a new one in the sphere of EU competition law. As a matter of policy, the incomplete and rather divisive treatment of minority shareholdings under the current EU merger control and antitrust rules is considered problematic. This is all the more true since this division is not based on sound economic grounds. Indeed, there are EU and non-EU jurisdictions that approach the problem of the competition law treatment of minority shareholdings rather differently for all good reasons. The need and desirability, however, to go beyond the existing status quo in the EU and ingrain innovation into the law is often challenged, either due to a theoretical opposition to the existence of a significant gap authorising regulatory intervention or due to fears of any change being overbroad and thus potentially doing more harm than good.

Type: Proceedings paper
Title: The Legal Treatment of Minority Shareholdings Under EU Competition Law: Present and Future
Event: 18th Annual Legal Symposium "The Rules of Competition in the Greek and European Market" organised bye the University of Pireaus and the Court of Audit of Greece on 28-29 November 2013 in Pireaus, Greece
Open access status: An open access version is available from UCL Discovery
Publisher version: https://ssrn.com/abstract=2637005
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Antitrust, minority share ownership, minority share acquisitions, shareholdings, structural links, control rights, firm incentives, anticompetitive effects, comparative competition law, EU competition law, merger control, competition policy.
UCL classification: UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1534479
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