Passive holdings and cross-investments among competing companies are common phenomena in the modern marketplace. Yet under certain market conditions such investments may cause anticompetitive effects. This paper explores the economic effects of passive investments and their regulation under European competition law. The paper identifies a range of transactions that potentially affect competition, however remain unchallenged under current EU competition law. Subsequently, the paper explores the possibility of applying the European Merger Regulation to these transactions.
Commercial Law | Corporation and Enterprise Law
Date of this Version
David Gilo and Ariel Ezrachi, "EC Competition Law and the Regulation of Passive Investments Among Competitors" (April 2008). Tel Aviv University Law Faculty Papers. Working Paper 78.