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题名/责任者:

Trademarks and brands in merger control : an analysis of the European and Swiss legal orders / Damiano Canapa.

出版发行项:

Alphen aan den Rijn : Kluwer Law International B.V., c2016

ISBN:

9789041167170 (hbk.) :

ISBN:

904116717X (hbk.)

载体形态项:

xxviii, 363 pages ; 25 cm.

丛编说明:

International competition law series ; volume 67

个人责任者:

Canapa, Damiano, author.

论题主题:

Trademarks-Law and legislation-European Union countries.

论题主题:

Trademarks-Law and legislation-Switzerland.

论题主题:

Brand name products-Law and legislation-European Union countries.

论题主题:

Brand name products-Law and legislation-Switzerland.

论题主题:

Consolidation and merger of corporations-Law and legislation-European Union countries.

论题主题:

Consolidation and merger of corporations-Law and legislation-Switzerland.

中图法分类号:

D950.34

一般附注:

Based on the author's thesis (doctoral - University of Zurich, 2016).

书目附注:

Includes bibliographical references (pages 311-329) and index.

内容附注:

Importance of Trademarks and Brands in the Assessment of Mergers -- The Concept of Concentration Following the Transfer of a Trademark under the EUMR -- Trademarks and Brands in the Substantive Assessment of Mergers under the EUMR -- Trademarks and Brands in Remedies under the EUMR -- The Concept of Concentration Following the Transfer of a Trademark under the Cartel Act -- Trademarks and Brands in the Substantive Assessment of Mergers under the Cartel Act -- Trademarks and Brands in Remedies under the Cartel Act.

摘要附注:

"The role of intellectual property rights in merger control procedures has not received the attention it warrants. Most research has focused on the assessment of intellectual property rights in anticompetitive conducts rather than on how a firm can monopolise 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. This book, the first to address trademarks and brands from the perspective of merger control procedure, studies the legal issues of the topic. The author...addresses topics such as: 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 both the European Commission and the Swiss Competition Commission."--

豆瓣简介：