Download or read book The European Commission s Jurisdiction to Scrutinise Mergers 3rd Edition written by Morten P. Broberg and published by . This book was released on 2006 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the Merger Regulation's all-important element focusing on the Community dimension - i.e., the test whether a merger is to be examined by the European Commission or by the Member States - this classic has held the field since 1998. Now with this new Thi.
Download or read book Broberg on the European Commission s Jurisdiction to Scrutinise Mergers written by Morten P. Broberg and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --The Undertakings Concerned --The Group --The Basic Rules --Geographic Allocation of Turnover --The Financial Sector --The EEA Agreement --Forum Shopping under the Merger Regulation --Real Union Dimension.
Download or read book The European Commission s Jurisdiction to Scrutinise Mergers written by Morten P. Broberg and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the Merger Regulation's all-important element focusing on the Community dimension - i.e., The test whether a merger is to be examined by the European Commission or by the Member States - this classic has held the field since 1998. Now with this new Third Edition Dr. Broberg not only brings all his penetrating analyses to bear on the 'New' Merger Regulation of 2004, but takes into account recent case law and other sources of law as of 15 September 2005. The structure of Dr. Broberg's presentation has not been altered, So the reader will still find applicable commentary and insight under the same headings, which include the following: definition and types of enterprises involved in the merger (`undertakings concerned'); the 'group' And The notion of control; the special rules provided by the Merger Regulation - such as those pertaining to financial year, taxes and intra-group sales; geographic allocation of turnover; financial institution and insurance undertakings; the EEA competition-enforcing system; and forum shopping. The book concludes with a discussion of the `real Community dimensioniquest; and the author's recommendations for improving the delimitation of the Merger Regulation's jurisdiction. An annex reprints the 2004 Merger Regulation and its implementing Commission regulations, As well as some key Commission notices. With the Third Edition, The European Commissions Jurisdiction to Scrutinise Mergers remains the definitive guide To The subject for businesses and their legal advisors, As well as for competition law enforcers at the EU and Member State levels. Please note: For a revised version of the TABLE OF CASES and INDEX click on Sample PDF on the right-hand column of this page.
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 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.
Download or read book Broberg on the European Commission s Jurisdiction To Scrutinise Mergers 2013 written by and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 EU Competition Law Volume II Mergers and Acquisitions written by Jones, Christopher and published by Edward Elgar Publishing. This book was released on 2021-12-14 with total page 1680 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a Claeys and Casteels title, now formally part of Edward Elgar Publishing. With extensive updating in the decade since the publication of the second edition, and written by the key Commission and European Court officials in this area, as well as leading practitioners, the third edition of this unique title provides meticulous and exhaustive coverage of EU Merger Law.
Download or read book The Notion of Community Dimension written by Morten P. Broberg and published by . This book was released on 1997 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The EU Merger Regulation written by Alistair Lindsay and published by . This book was released on 2017-10-31 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Daniel Greenberg draws on his experience as a legislative drafter to present a current account of how legislation is put together. In explaining the process of parliamentary drafting Greenberg identifies and examines parts of the legislative process that are not well-known, and offers thoughts on how the system works or should work. The book will appeal to undergraduate and postgraduate students of law, policy and politics - in fact, any reader with an interest in the British Government - and will be of interest to those involved in the preparation and practice of legislation.
Download or read book The European Union s Jurisdiction in Merger Regulation written by Vellah Kedogo Kigwiru and published by . This book was released on 2020 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of mergers that go beyond national borders within the European Union (EU) common market has its origins in the adoption of the Council Regulation 4064/89 of 21 December on the Control of Concentrations between Undertakings (Regulation 4064/89). Regulation 4064/89 was as a result of negotiations that begun in 1973 when the Commission proposed the first merger text to the Council. Since then, the EU has had jurisdiction over cross-border mergers within the internal market. Currently merger regulation under the EU is governed under Council Regulation (EC) No. 139/2004 of 20 January 2004 on the Control of Concentrations between Undertakings (The EU Merger Regulation), the 2004 Implementing Merger Regulation (809/2004) as amended by the 2013 Implementing Regulation (1269/2013). Because, merger regulation in the EU happens at both the national and community level, the EU Merger Regulation in addition to the Commission Notices lay down a framework and conditions under which both the Commission and the Member States can invoke jurisdiction over mergers within the common market. This is geared towards ensuring that, the most competent institution, reviews mergers to avoid multiple filings that would lead to legal uncertainties and undermine the one-stop shop principle.The objective of this brief research paper, is to provide a clear understanding on the allocation of jurisdiction on merger control in the EU between the Commission and the Member States. This research paper is divided into four parts. The first part is the introduction. The second part discusses the community dimension test in merger regulation under Articles 1(2) and 1(3) of the EU Merger Regulation. The third part, examines the referral system as provided for under Articles 4(4), 4(5), 9 and 22 of the EU Merger Regulation. The last part, analyses Article 21(4) of the EU Merger Regulation which grants the Member State an opportunity to review a merger meeting the community dimension test in order to protect legitimate interest or certain public interests.
Download or read book Law and Economics in European Merger Control written by Ulrich Schwalbe and published by OUP Oxford. This book was released on 2009-10-01 with total page 480 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 Merger Control in the EU and Turkey written by Fevzi Toksoy and published by . This book was released on 2022-05-11 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a country on the way to integration with the European Union (EU), Turkey has been following EU principles in establishing and improving its merger control regime, as well as overall competition law, keeping pace with changes in relevant EU legislation and case law. This book presents, for the first time, a description and analysis of the relationship between the EU and Turkish merger control law and practice. The second edition of the book considers the legislative changes that occurred in 2020-2021, including the reform of the Turkish Competition Law which introduced the significant impediment to effective competition (SIEC) test into the Turkish concentration control. The authors--all three, both practicing lawyers and academicians in Turkey--focus on comparing substantive, procedural and jurisdictional issues and draw parallels on their regulation in the two jurisdictions. These matters include the following: determining whether a transaction shall be regarded as a notifiable merger, hence be subject to control; financial thresholds used for allocating jurisdictions; extraterritoriality of merger control; relationship between the SIEC test and the dominance test; determination of the relevant market; techniques used for assessment of horizontal and non-horizontal mergers; notification requirements; procedural duties of competition authorities in relation to remedies; third-party rights; gun-jumping fines and other sanctions for failure to comply with merger control requirements; and peculiarities of assessment of mergers in the Big Data world. Each chapter provides an overview of the respective issues in the EU and Turkey, projecting a clear understanding of the main similarities and differences in the two regimes. A notable feature is an in-depth analysis of applicable case law concerning each issue, with most of the Turkish decisions available in English for the first time. The book's comparative approach will prove to be of great value. With its clear answers to questions about what transactions are subject to merger control, what criteria are used in assessing those transactions, and the main issues that a foreign company should be aware of while merging with another foreign company with effect in Turkey and/or EU, the book will be of immeasurable value for lawyers and their business clients dealing with multijurisdictional merger cases. Interested academics and policymakers will also find much here to attract their attention.
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 The Law of Merger Control in the EC and the UK written by Mark Furse and published by Bloomsbury Publishing. This book was released on 2007-02-09 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text introduces the reader to the principles and practice of merger control in the EC and the UK. It deals clearly with both of the new regimes, providing a discussion of the policy and the relevant legislation, clarified through an analysis of pertinent cases and decisions. The aim is to provide the non-expert reader with a thorough and accessible introduction to the subject. The book deals first with matters common to both regimes, including relevant economics, and then focuses on the EC and UK systems as separate entities. In each case the text covers qualifying mergers, including principles of territorial jurisdiction, substantive tests, procedures, appeals, and third party rights, as well as the link between the UK and EC regimes. The book is up to date to 31 July 2006. Substantial appendices provide most of the relevant core legislation in one convenient place.
Download or read book EU and US Antitrust Arbitration written by Gordon Blanke and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 1052 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.
Download or read book The Modernisation of EC Antitrust Law written by Rein Wesseling and published by Hart Publishing. This book was released on 2000-07 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of criticism in recent years of the European Community's competition law, Amsterdam lawyer Wesseling tries to clarify the current challenges to the policy by examining the origins of the competition law system. He begins by tracing the policy's development from the European Economic Community, established in 1958, and the European Union of today. Then he addresses the pertinent objectives, the institutional framework, the division of jurisdiction between the Community and the Member States, the decentralized enforcement of Community law, and other issues. His conclusions differ considerably from the Commission's recent white paper. Distributed in the US by ISBS. c. Book News Inc.
