Fenomen tak zwanych zabójczych przejęć jako wyzwanie prawa konkurencji - w poszukiwaniu istoty zjawiska

Abstrakt

The phenomenon of so-called killer acquisitions, as a subject of interest in competition law, is mired in considerable terminological and conceptual confusion. The purpose of this article is to clarify the concept of a killer acquisition, as well as examine to what extent it corresponds to reality. The method is a case study, conceived as a kind of contribution to further research on competition law implications of the phenomenon of killer acquisitions, which are presented in a separate study. As the case of the failed Visa/Plaid acquisition seems to convince, the concept of a killer acquisition is not just an abstract construct belonging to the theory of competition law and economics. As it turns out, it can be - at least in some circumstances - a useful tool in antitrust proceedings, especially in cases where traditional antitrust tools prove insufficient.