@article{41768,
      author = {Canapa, Damiano},
      url = {http://tind.wipo.int/record/41768},
      title = {Trademarks and Brands in Merger Control : an Analysis of  the European and Swiss Legal Orders.},
      abstract = {Trademarks and Brands in Merger Control. An Analysis of  the European and Swiss Legal Orders, the first to cover  intellectual property (IP) rights from the perspective of  merger control, directly addresses the particular legal  issues that arise and provides a comprehensive response to  the question of how the European and Swiss competition  authorities should treat trademarks and brands when  assessing a merger. The role of IP rights in merger control  procedures has not received the attention it warrants. Most  research has focused on the assessment of intellectual  property rights in anti-competitive conducts rather than on  how a firm can monopolize a market by accumulating such  assets. This is despite the fact that access to such  assets, whether used or unused, is often a key factor, if  not the only one, motivating mergers.  What’s in this  book:  In the book’s detailed coverage and critical  approach to the topic, the author discusses such aspects as  the following:  the in-depth assessment of the legal and  economic foundations of both trademarks and brands, and  merger control; why trademarks and brands may be relevant  to the assessment of mergers, including the distinction  between trademarks and brands, the origin of the brands’  strength according to marketing sciences, and how and why  brands may provide market power to their holder; the  conditions under which the assignment or licence of a  trademark may qualify as a concentration under the  definition of the European Union Merger Regulation or of  the Swiss Cartel Act; the role played by trademarks and  brands in the substantive assessment of a merger, including  the definition of the relevant markets, different types of  mergers, and the invocation of the failing firm defence;  the provision of detailed guidelines describing the  possible influence of trademarks and brands on the outcome  of the merger assessment; and the importance of trademarks  and brands in the design and assessment of remedies. At  every stage of the study, special attention is given to the  decisions of the European Commission and of the Swiss  Competition Commission pertaining to IP rights and mergers.  The book provides policy proposals on how the European and  Swiss competition authorities should treat trademarks and  brands at every stage of a merger control procedure.},
      recid = {41768},
      pages = {xxviii, 363 pages ;},
}