Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/69706
Title: A critical analysis of merger control in the telecommunications sector
Authors: Portelli, Kurt (2020)
Keywords: Telecommunication -- European Union countries
Telecommunication -- Malta
Consolidation and merger of corporations -- Law and legislation -- European Union countries
Consolidation and merger of corporations -- Law and legislation -- Malta
Issue Date: 2020
Citation: Portelli, K. (2020). A critical analysis of merger control in the telecommunications sector (Bachelor's dissertation).
Abstract: This paper discusses the issue of merger control in the telecommunications sector. It sets out the theories of harm arising from mergers, merger control policy currently in force in the European Union and also the general characteristics of telecommunications markets. A practical approach will be taken to analyse how these factors interrelate with each other and with the concepts of efficiencies and remedies in the European Commission’s appraisal of concentrations having a European Union dimension. A case study on Malta considers the local merger control regime and the local telecommunications sector and critically analyses a proposed merger between two local telecommunications operators. It transpires that a magic number of telecommunications operators on a particular market does not exist. Rather, specific focus should be given to devise a ‘magic formula’ that comprises the adequate efficiencies and commitments that take into consideration the theories of harm identified with respect to a particular concentration and the particular characteristics of the relevant market concerned and which at the end of the day results in consumer welfare. This contribution suggests that this formula solves the principal conundrum that reverberates throughout the paper, that is whether the need for effective competition on the telecommunications market could be reconciled with telecommunications’ operators desire to consolidate. It is submitted that effective competition can still be achieved if undertakings consolidate in the right way. In that way, the European Commission’s goal of the establishment of a pan-European telecommunications market may be reached simultaneously. The paper concludes by recommending solutions at the European level.
Description: LL.B.
URI: https://www.um.edu.mt/library/oar/handle/123456789/69706
Appears in Collections:Dissertations - FacLaw - 2020

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