Predatory Practices by the Organizer of a Tender Offer for a Target Business
Revue Concurrences (France)
Laurent Ayache and Charlotte Michellet wrote this bylined article to demonstrate that, in addition to traditional exclusionary practices, competition law also applies to exclusionary practices targeting non-competitors. This is especially the case for practices by the organizer of a tender offer that has the object or effect to prevent or limit a competing bid by one or more companies. As the authors wrote, such exclusionary practices raise the possibility that competition law may even apply, under specific circumstances, to the organization of a call for a tender.