Media Mega Mergers and Competition Commission of India : Regulatory Inadequacy or Cognitive Suppression?
Observing that in an environment where the citizen is digitally immersed and cognitively suppressed to the dangers of tyranny of elitisms, mega mergers can usher in a cascading set of Transmogrification leading to erosion in deliberative democracy. Evaluating the antitrust issues surrounding the impending merger between Zee Entertainment Enterprises Ltd. (ZEEL) and Sony Pictures Networks India (SPNI), the article dissects the anatomy of the merger and reviews the Competition Commission of India (CCI)’s past evaluation of appreciable adverse effect of competition (AAEC), to determine whether CCI has the experience and capability necessary to recognize when significant erosion of consumer choice and rights occur. Noting that in the fast growing, digital streaming-based entertainment landscape, the merged entity would have unparallel distribution power and unfettered access to strategic investors, creating a corporate Goliath that should remind the regulators of the social, economic, and industrial destruction the uber monopoly has unleased in America. Taking lessons from merger’s negative impacts, the article proceeds to examine the dangers posed by Microsoft, Yahoo, Facebook, and Google in recognizing how these companies distorted social fabric and eroded democratic fundamentals. Finally, encouraged by positive endorsement of the most recent merger guidelines from the European Commission, the article proposes a set of policy recommendations for the CCI to adopt. This would include a number of items, such as evaluating a merger holistically by incorporating definition of “nascent” competition in the evaluation of adverse impact on competition, shifting focus away from price factors only to determine the long-term impact on non-price factors, adopting a consumer welfare test for merger approval while taking an introspective look at the constitutional ethos of social justice in India that prompts giving primacy to an exhaustive evaluation of harm to consumers
Year of publication: |
[2023]
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Authors: | Ghoshray, Jennifer |
Publisher: |
[S.l.] : SSRN |
Subject: | Indien | India | Fusion | Merger | Regulierung | Regulation | Wettbewerb | Competition | Kognition | Cognition |
Saved in:
freely available
Extent: | 1 Online-Ressource (11 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments NOVEMBER 28, 2021 erstellt |
Other identifiers: | 10.2139/ssrn.4458503 [DOI] |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10014348038
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