INFLUENCE OF NEW TECHNOLOGIES AND GLOBALIZATION ON COMPANY MERGERS, ACQUISITIONS, JOINT VENTURES, ANTITRUST AND COMPETITION LAWS AND TRIBUNAL DECISIONS

摘要

Antitrust and competition laws are designed to protect the free markets and promote competition in order to assure a dynamic and efficient economy and to provide competitive prices for quality products and services. They apply to mergers and acquisitions as well as to joint ventures especially among competitor companies who possess market power and these include collaborations on research and development. If it is determined that these actions are likely to substantially prevent or lessen competition the courts might dissolve, stop, alternate them, etc. Two new factors affect this process today: The role of new technologies and the markets globalization. They both have a considerable effect on the way these laws are interpreted by the courts and on their eventual amendments in order to reflect the new reality. A new applied technology and the globalization separately or together may change the factors that determine how anticompetitive a merger or acquisition between competitors may be and may also serve as a basis for amending the antitrust and competition laws. In this paper, a short review of the recent mergers and acquisitions of various companies has been carried out along with an abridged analysis of the current antitrust and competition laws in USA, Canada and European Union in the view of their capacity to handle the new reality. Some related court decisions are also examined and several examples are given in order to illustrate the influence of new technologies and globalization in interpreting the existing laws and on their amendment possibilities.