A Comparative Analysis Of Eu And Us Transnational Mergers Regulation
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A Comparative Analysis Of Eu And Us Transnational Mergers Regulation
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Author : Dimitris Liakopoulos
language : en
Publisher: Grin Publishing
Release Date : 2017-12-29
A Comparative Analysis Of Eu And Us Transnational Mergers Regulation written by Dimitris Liakopoulos and has been published by Grin Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-29 with categories.
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 agreem
Public Interest Considerations In Merger Control
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Author : Qian Li
language : en
Publisher:
Release Date : 2023
Public Interest Considerations In Merger Control written by Qian Li and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
Public Interest Considerations In Merger Control
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Author : Qian Li
language : de
Publisher:
Release Date : 2023
Public Interest Considerations In Merger Control written by Qian Li and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
A Comparative Analysis Of Eu Merger Control
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Author : Esat Çınar
language : en
Publisher:
Release Date : 2024
A Comparative Analysis Of Eu Merger Control written by Esat Çınar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with categories.
Cross Border Mergers
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Author : Thomas Papadopoulos
language : en
Publisher: Springer Nature
Release Date : 2019-09-28
Cross Border Mergers written by Thomas Papadopoulos and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-28 with Law categories.
This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.
Chinese State Owned Enterprises And Eu Merger Control
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Author : Alexandr Svetlicinii
language : en
Publisher: Routledge
Release Date : 2020-12-13
Chinese State Owned Enterprises And Eu Merger Control written by Alexandr Svetlicinii and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-13 with Business & Economics categories.
This book analyzes the specifics of corporate governance of China’s State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission’s screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.
The Merger Control Review
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Author : Ilene Knable Gotts
language : en
Publisher:
Release Date :
The Merger Control Review written by Ilene Knable Gotts and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Conglomerate corporations categories.
The Regulation Of Transnational Mergers In International And European Law
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Author : Dimitris Liakopoulos
language : en
Publisher: BRILL
Release Date : 2009-12-07
The Regulation Of Transnational Mergers In International And European Law written by Dimitris Liakopoulos and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-07 with Law categories.
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.
Merger Remedies In American And European Union Competition Law
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Author : François Lévêque
language : en
Publisher: Edward Elgar Publishing
Release Date : 2003-01-01
Merger Remedies In American And European Union Competition Law written by François Lévêque and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Law categories.
This impressive volume presents a detailed comparative analysis of merger remedies in the EU and US, motivated by the fact that a growing number of mergers are being scrutinized and reviewed under both jurisdictions. Merger remedies on either side of the Atlantic play an increasingly important role in the implementation of public policy with regard to the economic concentration of industry. The book provides an understanding of merger remedies in general, and of procedural and substantive differences in the approach of the EU and the US. The editors have gathered together leading European and American practitioners and scholars to comprehensively discuss this issue. They aim to help policymakers decide if, and how, current practices can be improved, and to help firms and their counsel better prepare cases and predict outcomes.
Comparative Takeover Regulation
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Author : Umakanth Varottil
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Comparative Takeover Regulation written by Umakanth Varottil and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Business & Economics categories.
Comparative Takeover Regulation compares the laws relating to takeovers in leading Asian economies and relates them to broader global developments. It is ideal for educational institutions that teach corporate law, corporate governance, and mergers and acquisitions, as well as for law firms, corporate counsel and other practitioners.