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000041768 041__ $$aeng
000041768 1001_ $$aCanapa, Damiano
000041768 24510 $$aTrademarks and Brands in Merger Control :$$ban Analysis of the European and Swiss Legal Orders.
000041768 264_1 $$a[Alphen aan den Rijn, Netherlands] :$$bKluwer Law International,$$c2016.
000041768 300__ $$axxviii, 363 pages ;$$c25 cm
000041768 336__ $$atext$$btxt$$2rdacontent
000041768 337__ $$aunmediated$$bn$$2rdamedia
000041768 338__ $$avolume$$bnc$$2rdacarrier
000041768 5050_ $$aList of Abbreviations – Acknowledgements – Introduction -- Part I. Trademarks and Brands in European Merger Control -- Chapter 1. Importance of Trademarks and Brands in the Assessment of Mergers -- Chapter 2. The Concept of Concentration Following the Transfer of a Trademark under the EUMR -- Chapter 3. Trademarks and Brands in the Substantive Assessment of Mergers under the EUMR -- Chapter 4. Trademarks and Brands in Remedies under the EUMR -- Part II. Trademarks and Brands in Swiss Merger Control – Introduction -- Chapter 1. The Concept of Concentration Following the Transfer of a Trademark under the Cartel Act -- Chapter 2. Trademarks and Brands in the Substantive Assessment of Mergers under the Cartel Act -- Chapter 3. Trademarks and Brands in Remedies under the Cartel Act – Bibliography -- Table of Legislation -- Table of Cases -- Table of Decisions of the Competition Authorities – Documentation -- Index.
000041768 520__ $$aTrademarks 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.
000041768 650_0 $$aTrademarks$$xLaw and legislation$$zEuropean Union countries
000041768 650_0 $$aBrand name products$$xLaw and legislation$$zEuropean Union countries
000041768 650_0 $$aBrand name products$$xLaw and legislation$$zSwitzerland
000041768 650_0 $$aConsolidation and merger of corporations$$xLaw and legislation$$zEuropean Union countries
000041768 650_0 $$aConsolidation and merger of corporations$$xLaw and legislation$$zSwitzerland
000041768 85641 $$uhttp://www.kluweriplaw.com/book-toc?title=Trademarks%20and%20Brands%20in%20Merger%20Control$$yView this resource
000041768 903__ $$aInternational Competition Law Series Volume 57
000041768 904__ $$aBook
000041768 980__ $$aBIB