Predatory Practices by the Organizer of a Tender Offer for a Target Business


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.