Download or read book European Merger Control written by Catalin Stefan Rusu and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty years of experience have inevitably brought to light challenges and tensions in the enforcement of the European merger control system. Some of these challenges have been faced, some have been solved and some remain latent. This very valuable study starts from the proposition that the EU has never fully acknowledged those fundamental challenges which relate to the rationale behind merger control in Europe. The author shows how the Commission's focus on adapting the rules of merger control to the economic realities of the future business environment, although designed with a view to facilitating European integration, has compromised attainment of legal certainty, transparency and welfare enhancement. In its detailed evaluation of the 'future market structure prediction process' embedded in European merger control policy, this book approaches two rock-bottom, far-reaching questions: In what ways does merger control promote consumer and societal welfare? Is the Commission able to correctly predict the outcome of any given concentration transaction? These considerations take the reader through a deep and searching analysis that calls into question the very credibility and transparency of the system, leading to alternatives which promise a new clarity of purpose and procedure. The author describes how these recommendations can be integrated into the functioning framework of the European project. Taken fully into account along the way is a wide spectrum of relevant source material, including the following: applicable articles and chapters of the founding and subsequent European Treaties; secondary European legislation concerning competition and merger activity; domestic competition laws; guidelines, notices and action plans; competition law reviews, statements of intentions; draft legislative attempts; speeches on the enactment and purpose of merger control; Member States' views concerning European merger control as expressed during Council negotiations; officially available concentration-related statistics; and a wide-ranging literature review covering both the legal and economic sides of merger control. Throughout, the author substantiates theoretical assertions with case law examples, clearly exposing doctrines arising from such cases as Continental Can, Phillip Morris/Rothmans and the Airtours, Schneider and Tetra Laval trilogy. A unique feature of the analysis draws on the author's personal experience while working for a Brussels competition law firm. This book is a remarkable compound of academic guide to the roots and rationales of the European Merger Control System, practical guide to the day-to-day intricacies of merger control enforcement, and 'raw' guide for decision makers and merger control law enforcers. It will be of immense value in all three contexts.
Download or read book The EU Merger Regulation written by Alistair Lindsay and published by Sweet & Maxwell. This book was released on 2012 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the 4th edition of The EC Merger Regulation - a detailed guide to the method of merger control in the European Union. Fully revised for 2012, this comprehensive text describes how the European Commission determines approval of a notified merger, thereby providing information and techniques to complete merger deals successfully for companies operating in the European Union
Download or read book Merger Control in the European Union written by Edurne Navarro Varona and published by . This book was released on 2005 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition provides an exhaustive analysis of the European Community rules relating to merger control, including the new EC Merger Regulation 139/2004 of 20 January 2004 which entered into force on 1 May 2004 and the latest interpretive notices adopted by the European Commission. The book draws upon the authors' detailed and practical knowledge of the subject as officials at DG Competition and practitioners specialising in this field, and will be updated through a companion website.
Download or read book EC Merger Control written by C. John Cook and published by . This book was released on 2005 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: This well-known and highly respected text provides a complete guide to the regulation of mergers by the EU competition authorities. Providing full coverage of merger control issues, this fourth edition has been extensively revised to cover in-depth the new EC Merger Regulations (in force on 1st May 2004) which have transformed the EC merger regime. It examines the obligations large firms/businesses now face, provides detailed discussion of the separate issues and sets out a series of proposals for working legally under the new regime. * Examines the new EC Merger Regulation in detail * Explains the new procedures and tests companies and practitioners must now deal with * Sets out strategies for working effectively in this new environment * Includes the text of relevent legislation (including the Merger Regulations) * Features a table of EU merger decisions
Download or read book The EC Merger Regulation written by Alistair Lindsay and published by . This book was released on 2003 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: EC Merger Regulation is a specifically practical mergers book. It provides a working guide to the most crucial EC Merger Regulation issues, with the purpose of supplying Competition and EC law practitioners with the key information and effective techniques they need to complete merger deals successfully. Throughout, it is alive to the practical issues involved and discusses them in lawyers' terms. A highly practical rather than theoretical treatment, supplying clear answers to lawyers' questions about the process. Focuses on what lawyers negotiating the EC Merger Regulation process need to know to steer a deal through effectively. Analyses the way in which the Commission reaches its decisions. Examines the practical lessons from the substantial volume of case law and jurisprudence in this area.
Download or read book Merger Control in Europe written by Nauta Dutilh and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. edition of : "Merger control in the EU," edited by Peter Verloop, 3rd rev. ed., 1999.
Download or read book Law and Economics in European Merger Control written by Ulrich Schwalbe and published by Oxford University Press. This book was released on 2009-10 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-written by an expert lawyer and economist, this book provides a thorough guide to the economic theory behind the regulation of mergers. The economic theory is then used to analyse the current state of European competition law, and test the success of the European Commission's search for a 'more economic approach' to merger regulation.
Download or read book EC Merger Control Regulation written by Mihalis Kekelekis and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here for the first time is an in-depth analysis of the rights of notifying parties and third parties in merger proceedings, as reflected in the administrative practice of the Commission and the case law of the Community courts.
Download or read book Global Merger Control Manual written by David J. Laing and published by Cameron May. This book was released on 2007 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Commission s Jurisdiction to Scrutinise Mergers written by Morten Broberg and published by Springer. This book was released on 1998-04-15 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: No major business or law firm can afford to disregard the European Commission's power in the control of mergers. Since the Council of Ministers adopted the EC Merger Regulation in 1989, The power of the European Commission has increased steadily. The scope of the Merger Regulation now occupies a central role in many mergers taking place both inside and outside the European Community. To come within the scope of merger regulation and thus within the Commission's jurisdiction, a merger must possess a `community dimension'. Despite the careful definition of this term in the Merger Regulation itself, The concept has created problems in many cases. The European Commission's Jurisdiction to Scrutinise Mergers offers a comprehensive, up-to-date analysis of all aspects of the community dimension concept. The most thorough examination of the Commission's jurisdiction to examine mergers under the EC Merger Regulation, The European Commission's Jurisdiction to Scrutinise Mergers serves as a valuable guide for businesses, their legal advisors, and competition law enforcers in both the Commission And The Member States.
Download or read book Merger Control in Post Communist Countries written by Jurgita Malinauskaite and published by Routledge. This book was released on 2010-11-01 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical analysis of merger control regimes in the former socialist countries with small market economies, looking at the unique challenges facing these economies. Questions will be asked as to what extent these countries have had to follow dictation from the EU and whether this implementation of EU merger control rules has been justified from the point of view of these countries' economic situations. The book will analyse the merger control regimes in Estonia, Latvia and Lithuania, Slovenia and Slovakia. However, reference will be made to other small market economies of the EU including Cyprus, Ireland, Luxembourg and Malta in order to evaluate the particular difficulties the former socialist countries with small market economies have had in the implementation and further development of merger control rules.
Download or read book The Merger Control Review written by Ilene Knable Gotts and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Does EU Merger Control Discriminate against Small Market Companies written by Mika Oinonen and published by Kluwer Law International B.V.. This book was released on 2010-07-20 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the question posed by the title of this book has generated considerable debate, the essential issue remains open and largely blurred. While some believe that there is no so-called ‘small market problem’, others discern discrimination against small market companies (i.e., companies with a strong position in their home markets but a modest position in the European and global markets) and a consequent need for changes in competition law. The author of this enormously helpful work here sets the stage for meaningful discussion by analysing the EC Merger Regulation’s objectives, economic foundations, and application practice to present a reasoned view of the issues that can be considered relevant for such a discussion. Considering their effect on the ’small market problem’, the author scrutinizes such factors as the following: the Commission’s methodology for delineating relevant markets in merger assessments; unnecessary prohibition caused by overestimation of the market power of small market mergers; erroneous approval of cases that should actually be prohibited; impact of the so-called ‘Harvard’ and ‘Chicago’ schools of competition theory and their key policy implications; process-related alternative views of competition and new synthesizing approaches; relevant criteria for a proper analysis of market power; concentration measures and market shares; barriers to entry; price and profitability analyses; and product definition v. geographic definition of markets. In a final chapter, the author presents some tentative conclusions, normative in nature, concerning the problem and the relevant issues relating to it. As the first in-depth analysis of the issues that are actually involved – with its particular diagnosis of the assessment of market power in considering the relevant issues for the problem – this study brings into salience the terms of the debate on the ‘problem’, and thus takes a giant step forward towards defining what needs to be done. Competition lawyers, policymakers, and academics in Europe and elsewhere will find the discussion of great value.
Download or read book EC Merger Control written by Götz Drauz and published by Oxford University Press on Demand. This book was released on 2003 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Commission adopted a comprehensive package of reforms to the EU merger control regime in conjunction with the accession of the new Member States in 2004. This constituted the most radical reform of the regime since the previous Merger Regulation was adopted in 1989, aimed at better adapting it to a globalizing market and enlarging an increasingly integrated European Union. The extensive reform to the regulation has provoked significant questions about the way in which the Commission treats major merger evaluations. EC Merger Control provides a comprehensive and insightful account of the many important procedural and substantive aspects of the reform process, with contributions from eminent specialists in the field of mergers, including lawyers, economists, and representatives of the European Commission, Court of First Instance, US Department of Justice, the World Bank and several competition authorities. The papers in this book are based on the proceedings of the 2002 EC Merger Control conference - organised jointly by the European Commission and the International Bar Association.
Download or read book A comparative analysis of EU and US transnational mergers regulation written by Dimitris Liakopoulos and published by GRIN Verlag. This book was released on 2017-12-22 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Document from the year 2017 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: A, , language: English, abstract: The major problem associated with the regulation of transnational mergers, which affect several national markets, is the allocation of jurisdiction. Each country concerned may wish to exert jurisdiction and apply its national competition law to regulate the anti-competitive effects a merger may have in its territory. However, this approach may lead to risks of inconsistent decisions regarding the legality of mergers. Indeed, the national competition laws applied by the regulating authorities may diverge in several aspects, which raise the likelihood of inconsistency. The authors advocates the creation of an international merger control framework (IMCF) for the regulation of transnational mergers. This framework will rest on an informal and a formal pillar. The former includes non-legally binding competition principles. Consistency of these principles with the concepts of legitimacy and efficiency, as well as the presence of peer reviews and assistance programmes, should lower the risk of non-implementation. The formal pillar includes bilateral cooperation agreements which apply to merger affecting the countries which have concluded the agreements. As essential pre-condition for the application of bilateral agreements, the level of cooperation achieved by such agreements should be at least equal to that ensured by the informal pillar. The last part of the study addresses and examines the long and complex processes in merger and acquisition (M&A) transactions. M&A arbitration faces certain difficulties during the transaction. Such difficulties the author seeks to underline. Two main problems of arbitration in M&A transactions, particullarly, have been covered. Firstly, the problem of consent in consolidation of parallel proceedings during M&A transactions, and, secondly parties' consent that validate arbitration agreements/clauses in “assignment” or “succession” after M&A transactions have been completed. The author also tries to clarify the content of consent of parties to a transaction. Finally, a criticism of parallel proceedings is enhanced.
Download or read book RETRACTED The Regulation of Transnational Mergers in International and European Law written by Dimitris Liakopoulos and published by BRILL. This book was released on 2009-12-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major problem associated with the regulation of transnational mergers, which affect several national markets, is the allocation of jurisdiction. Each country concerned may wish to exert jurisdiction and apply its national competition law to regulate the anti-competitive effects a merger may have in its territory. However, this approach may lead to risks of inconsistent decisions regarding the legality of mergers. Indeed, the national competition laws applied by the regulating authorities may diverge in several aspects, which raise the likelihood of inconsistency. Therefore it is desirable to opt for regulatory approaches which are more sensitive to the transnational nature of mergers and which allow cooperation between competition authorities. A possible solution may be bilateral cooperation agreements through which two countries coordinate the enforcement activities of their national competition authorities. However, the benefits of these agreements are enjoyed only by the signatory parties. The sole reliance upon bilateral agreements does not appear to be the optimal regulatory approach towards transnational mergers.
Download or read book The EC Merger Control Regulation Rights of Defence written by Mihalis Kekelekis and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
