EC competition law and the regulation of passive investments among competitors

Ariel Ezrachi*, David Gilo

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

17 Scopus citations


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 article explores the economic effects of passive investments and their regulation under European competition law. The article identifies a range of transactions that potentially affect competition; however they remain unchallenged under current regulation. Subsequently, the article explores the possibility of applying the European Merger Regulation to these transactions.

Original languageEnglish
Pages (from-to)327-349
Number of pages23
JournalOxford Journal of Legal Studies
Issue number2
StatePublished - Jun 2006


FundersFunder number
German Federal Government
Emory Eye Center4064/89
European Commission


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