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Book Merger Review in Regulated Industries

Download or read book Merger Review in Regulated Industries written by Margaret Sanderson and published by . This book was released on 2008 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this article, we discuss the economics of many regulated industries in order to determine whether there are unique issues that are likely to arise in the context of mergers in regulated industries that the current merger review framework under the Competition Act is unable to address. In our view, the existing legislation is adequate to deal with the potential competitive issues. At the same time, the Competition Bureau's examination does not extend beyond competitive issues and hence an examination of merger review also needs to consider the industry regulator's role. We discuss the prevalence of parallel merger review by industry regulators and the Competition Bureau and the inherent tensions that this system generates. We close by discussing the virtues and flaws of four potential models of regulatory interaction, including commenting on certain proposals for reform that have been advanced by others as a means of clarifying roles when reviewing mergers in regulated industries. In this respect, we strongly disagree proposal that the Competition Bureau cede jurisdiction to review a merger where there is a specialized industry regulator with concurrent jurisdiction to review a merger.

Book Merger Control Review

    Book Details:
  • Author : Ilene Knable Gotts
  • Publisher : Law Business Research Ltd.
  • Release : 2017-09-20
  • ISBN : 191237773X
  • Pages : 871 pages

Download or read book Merger Control Review written by Ilene Knable Gotts and published by Law Business Research Ltd.. This book was released on 2017-09-20 with total page 871 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Merger Control Review, edited by Ilene Knable Gotts of Wachtell, Lipton, Rosen & Katz, provides an overview of the process in 38 jurisdictions, as well as a discussion of recent decisions, strategic considerations and likely upcoming developments in Merger Control. Given the ability of most competition agencies with pre-merger notification laws to delay, and even block, a transaction, it is imperative to take each jurisdiction - small or large, new or mature - seriously. It is, therefore, imperative that counsel for such a transaction develops a comprehensive plan prior to, or immediately upon, execution of an agreement concerning where and when to file notification with competition authorities regarding such a transaction. The intended readership of this book comprises both in-house and outside counsel who may be involved in the competition review of cross-border transactions. In our endeavour to keep our readers well informed, we have expanded the jurisdictions covered by this book to include the newer regimes as well with several special chapters covering US, EU and Chinese Merger Control in Media and Pharmaceutical sectors. Contributors include: Susan Ning, King & Wood Mallesons; James Langenfeld, Navigant; Goenenc Guerkaynak, ELIG; Mr Jordan Ellison, Slaughter and May."e;Each country section provides an informative overview of recent and expected enforcement trends... A very useful book!"e; - Jean-Yves Art, Associate General Counsel, Microsoft, Belgium

Book Competition Policy and Merger Analysis in Deregulated and Newly Competitive Industries

Download or read book Competition Policy and Merger Analysis in Deregulated and Newly Competitive Industries written by Peter C. Carstensen and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thorough analyses presented in the book provide the reader with a good overview of the deregulation process in the respective industries. . . Competition Policy and Merger Analysis in Deregulated and Newly Competitive Industries is a valuable resource for researchers of law, economics, and political science. . . Volker Soyez, European Competition Law Review This comprehensive book contains case studies on the evolution of competition policy, with an emphasis on merger policy, for seven major US industries that have experienced substantial deregulation in the past forty years electricity, natural gas, telecommunications, railroads, airlines, hospitals and banking. Also included is a comparison of the EU s experience in attempting to bring about competition in the energy, finance, and airline industries. The contributors to the volume, each a recognized expert on the industry examined, explore the positive and negative implications of the substitution of market-oriented processes for historic patterns of command and control regulation. The chapters reveal clear similarities in the economic, legal and public policy issues that have arisen following deregulation of these economic sectors. Together they provide a good basis to discern the consistency of the problems and the relative success of differing responses to these issues over a range of industries going through similar transformation. While taking a basically positive view of the movement away from direct regulation, the contributors identify a number of continuing problems with achieving workable competition in these industries. The thorough analyses presented here will be of great value to law, economics, and political science researchers interested in deregulation, economic consultants advising government agencies or private parties, attorneys who focus on deregulated industries, policy planners at the agencies overseeing these industries, and students in advanced seminars on economic regulation.

Book European Merger Control

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.

Book Mergers in Regulated Industries

Download or read book Mergers in Regulated Industries written by Alan J. Cox and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merging utilities are frequently required to share the economic benefits of a merger with ratepayers. These benefits are often measured using stock price movements at the time of the merger announcement. While event studies of this sort can be a powerful and appropriate tool, improper application and interpretation can lead to misleading conclusions. In this paper, we review the basic event study approach to merger evaluation and discuss some of the complicating factors. We describe both flawed and correctly done event studies submitted in the merger application of SBC Communication and Pacific Telesis before the California Public Utilities Commission and some additional case studies.

Book Merger in a Regulated Industry

Download or read book Merger in a Regulated Industry written by United States. Congress. House. Committee on the Judiciary. Subcommittee No. 5 and published by . This book was released on 1956 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Premerger Notification Practice Manual

Download or read book Premerger Notification Practice Manual written by American Bar Association. Premerger Notification Subcommittee and published by . This book was released on 1985 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work summarizes and discusses informal FTC interpretations of premerger notification requirements in the Hart-Scott-Rodino Act of 1976 and other laws.

Book The Antitrust Merger Review Act

Download or read book The Antitrust Merger Review Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition and published by . This book was released on 2000 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Hearing on the Standard Merger and Acquisition Reviews Through Equal Rules Act of 2014

Download or read book Hearing on the Standard Merger and Acquisition Reviews Through Equal Rules Act of 2014 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Regulatory Reform, Commercial and Antitrust Law and published by . This book was released on 2014 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Interagency Merger Review in Labor Markets

Download or read book Interagency Merger Review in Labor Markets written by Hiba Hafiz and published by . This book was released on 2020 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: As empirical evidence of labor market concentration mounts, academics and policymakers have put forward a range of proposals to challenge or reverse its effects on workers' wages and labor market options. Prominent among these is more aggressive review of the labor market effects of mergers as part of the Department of Justice (DOJ) and the Federal Trade Commission (FTC)'s broader merger review and approval process. This Essay argues for a novel intervention in the labor antitrust debates: because the consumer welfare focus of the antitrust agencies will prioritize consumers over workers when and if they conflict, and because the antitrust agencies lack expertise in labor markets, labor agencies should have concurrent jurisdiction to review and approve mergers that increase employer monopsony power under a “public interest” standard. The Essay makes three original contributions. First, it outlines the limitations of existing proposals for integrating labor market effects into the antitrust agencies' merger review as a doctrinal and methodological matter. Second, it provides the first overview and evaluation of the range of interagency coordination and policy-sharing between the DOJ/FTC and outside agencies on merger review, including but not limited to the antitrust agencies' concurrent jurisdiction with the Federal Communications Commission. This overview reveals a more complex picture of antitrust merger review that incorporates a range of standards--including a “public interest” standard--depending on the regulated industry, showing a broader administrative default of mandated expertise in industry-specific antitrust regulation. That default both contextualizes and supports the proposed extension of concurrent jurisdiction to labor agencies in merger reviews with labor market concentration effects. Finally, it provides detailed recommendations for how the labor agencies' concurrent jurisdiction would operate to integrate their expertise into the evaluation of post-merger labor market effects.

Book Promoting Competition in Innovation Through Merger Control in the ICT Sector

Download or read book Promoting Competition in Innovation Through Merger Control in the ICT Sector written by Kalpana Tyagi and published by Springer. This book was released on 2019-06-21 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of how competition authorities assess mergers in the Information Communication Technology (ICT) sector so as to promote competition in innovation. A closer look at the question reveals that it is far more complex and difficult to answer for the ICT, telecommunications and multi-sided platform (MSP) economy than for more traditional sectors of the economy. This has led many scholars to re-think and question whether the current merger control framework is suitable for the ICT sector, which is often also referred to as the new economy. The book pursues an interdisciplinary approach combining insights from law, economics and corporate strategy. Further, it has a comparative dimension, as it discusses the practices of the US, the EU and, wherever relevant, of other competition authorities from around the globe. Considering that the research was conducted in the EU, the practices of the European Commission remain a key aspect of the content.Considering its normative dimension, the book concentrates on the substantive aspects of merger control. To facilitate a better understanding of the most important points, the book also offers a brief overview of the procedural aspects of merger control in the EU, the US and the UK, and discusses recent amendments to Austrian and German law regarding the notification threshold. Given its scope, the book offers an invaluable guide for competition law scholars, practitioners in the field, and competition authorities worldwide.

Book Cross Border Mergers and Acquisitions

Download or read book Cross Border Mergers and Acquisitions written by Mohammad Bedier and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the reader with an overview of the origin of corporations and the history of mergers and acquisitions. It demystifies the dynamics of mergers and identifies the unique impediments facing cross-border mergers and acquisitions, with great attention to the pre-merger control laws and regulations, in several regions (US, EU, and Middle East). Most importantly, it discusses and assesses merger deregulation and other key reforming proposals.

Book The Theory of Contestable Markets

Download or read book The Theory of Contestable Markets written by William Tye and published by Praeger. This book was released on 1990-07-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the application of the new theory of contestable markets to the problem of the transition to deregulation in regulated industries. It offers an extensive review of both the theory and practice of contestable markets, as well as guidelines for the practical application of the theory to regulated industries and antitrust, with special consideration given to the problems of the rail industry. As applied in this industry, the theory promised to help balance the conflicting goals of regulatory transition and to define standards for revenue adequacy, cooperation among competitors, maximum reasonable rates, and antitrust immunity for mergers. Unlike other, chiefly theoretical, treatments of the subject, the author has provided a study of the theory of contestable markets as well as its past and potential applications. His introduction discusses such topics as the relevant theory of perfect contestability, implications for economic welfare, and recent applications of the theory. Chapter 2 deals with vertical mergers into contestable markets, while chapter 3 concerns itself largely with the transition to deregulation in regulated industries. Unlike other theoretical studies, however, the work also addresses the theory in practice. Using the insights gained when the theory was employed in the rail industry, the author draws conclusions regarding a broad range of regulatory and antitrust issues affecting all industries, such as economic analysis of vertical mergers and vertical economic practices.

Book Emerging Issues in Competition  Collusion  and Regulation of Network Industries

Download or read book Emerging Issues in Competition Collusion and Regulation of Network Industries written by Antonio Estache and published by CEPR. This book was released on 2011 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive review of the vast economic literature covering the governance issues of network industries and suggests paths to improve their efficiences.

Book Mergers   Acquisitions

    Book Details:
  • Author : Wendy B. Davis
  • Publisher : William s Hein & Company
  • Release : 2007-01-01
  • ISBN : 9780837731339
  • Pages : 1034 pages

Download or read book Mergers Acquisitions written by Wendy B. Davis and published by William s Hein & Company. This book was released on 2007-01-01 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Merger Control

    Book Details:
  • Author : Porter Elliott
  • Publisher : Sweet & Maxwell
  • Release : 2011
  • ISBN : 1908239069
  • Pages : 830 pages

Download or read book Merger Control written by Porter Elliott and published by Sweet & Maxwell. This book was released on 2011 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new book on merger control, edited by Van Bael & Bellis partners Jean-Francois Bellis and Porter Elliott, was published on 14 September 2011. The 820-page book, which is part of the European Lawyer Reference Series, provides an overview of the jurisdictional, procedural and substantive merger control rules in over 40 major jurisdictions worldwide. Leading firms from across the globe contributed to this book, which is among the most comprehensive of its kind on the market.