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Merger Case

Essay by   •  February 14, 2013  •  Essay  •  280 Words (2 Pages)  •  1,243 Views

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Following the merger the pre-merger market position of the parties will be

significantly strengthened as a result of the increased ability and incentive of the new

entity to eliminate actual and/or potential competition. Through its structural

integration of mobile networks across Europe into an integrated network the merged

entity will be the only mobile operator able to meet in the short to medium term (three

to five years according to third parties) the demand for advanced pan-European

services given its ability to overcome the technical and commercial barriers to create

a truly pan-European integrated network.

45. The merged entity would be the only mobile operator able to capture future growth

through new customers, because new customers would be attracted by the services

offered by Vodafone Airtouch/Mannesmann on its own network. Given their inability

to replicate the new entity's network, competitors will have, at best, i.e. if they are

allowed access to Vodafone's network at all, significant costs and

performance/quality disadvantages given its dependency on Vodafone

Airtouch/Mannesmann for instance on roaming agreements in order to offer

"equivalent" pan-European mobile services. This situation is likely to entrench the

merged entity into a dominant position on the emerging pan-European market for

internationally mobile customers for the foreseeable future because customers of

other operators would generally prefer the merged entity to other mobile operators

given its unrivalled possibility to provide advanced seamless services across Europe.

46. Third parties would thus need to have access to the merged entity's network to be

able to locate its own customers to provide its advanced services to its subscribers

also when they are in Vodafone/Mannesmann's home network. The merged entity

will therefore have the possibility either to refuse access to the its network or to allow

access on terms and conditions which will make third party offerings unattractive or

simply not competitive.

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