Monday, July 22, 2019
Horizontal Shareholding within the European Competition Law Framework: Discussion of the Proposed Solutions
Riccardo Fadiga, Freshfields Bruckhaus Deringer describes Horizontal Shareholding within the European Competition Law Framework: Discussion of the Proposed Solutions.
ABSTRACT: The literature shows that horizontal shareholding engenders significant anticompetitive effects and that no suitable instrument exists within European competition law which reliably and effectively can be applied to curtail such intrinsic effects. This Article analyses several proposals which have been put forward by the scholarship and the institutions in order to compare and contrast their advantages and disadvantages, and shows that enforcement against horizontal shareholding on the basis of Article 102 TFEU affords substantial benefits compared to other solutions, with no comparable disadvantages.