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
Retracted 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
Retracted 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.
Eu Competition Law And The Financial Services Sector
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Author : Andrea Lista
language : en
Publisher: Taylor & Francis
Release Date : 2013-06-07
Eu Competition Law And The Financial Services Sector written by Andrea Lista and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-07 with Law categories.
Competition law is a complex and constantly evolving area of law which affects every aspect of the market economy, including the financial services sector. This book is a comprehensive and practical guide to the application of the EU competition rules to banking and insurance industries. This book is divided into two parts: the first part explores the application of Articles 101, 102 and 107 TFEU to the insurance industry. Emphasis is placed on recent changes which have progressively eroded the block exemption regime that traditionally benefited the insurance industry. In the second part of the book, focus is on the application of the Articles of TFEU to the banking industry, with specific reference to card payment systems, which give rise to some of the most intricate antitrust issues in the financial services sector. Relevant Commission decisions and European Court of Justice case law are discussed and suggestions are made for an alternative regulatory framework through comparative analysis of US regulations. This book will be an invaluable reference point for legal practitioners specialising in EU Competition law, as well as postgraduate students and academic researchers working in competition law and the financial services sector.
Research Handbook On Securities Regulation In The United States
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Author : Jerry W. Markham
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-07-31
Research Handbook On Securities Regulation In The United States written by Jerry W. Markham 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 2014-07-31 with Business & Economics categories.
This fascinating Handbook provides a clear explanation of the securities market regulation regime in the United States. A diverse set of contributors offer a comprehensive overview of the regulatory process, Dodd-Frank, the principal securities statute
The Interplay Between European Merger Control Law And The Liberalisation Of European Electricity Natural Gas And Petroleum Markets
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Author : Henning Matthiesen
language : en
Publisher: GRIN Verlag
Release Date : 2023-04-21
The Interplay Between European Merger Control Law And The Liberalisation Of European Electricity Natural Gas And Petroleum Markets written by Henning Matthiesen and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-21 with Law categories.
Doctoral Thesis / Dissertation from the year 2020 in the subject Law - European and International Law, Intellectual Properties, grade: 2,2, Leuphana Universität Lüneburg (Fakultät Wirtschaftswissenschaften), language: English, abstract: This doctoral thesis examines how European merger control law is applied to the energy sector and to which extent its application may facilitate the liberalisation of the electricity, natural gas and petroleum industries so that only those concentrations will be cleared that honour the principles of the liberalisation directives. In 2007, the Commission emphasized that a real internal European energy market is essential to meet Europe’s three energy objectives. These were for example competitiveness to cut costs for citizens and undertakings to foster energy efficiency and investment, sustainability including emissions trading, and security of supply with high standards of public service obligations. The EU issued three pre-liberalisation directives since the 1990s. Dissatisfied with the existing monopolistic structures, in Germany through demarcation and exclusive concession agreements for the supply of electricity and natural gas, which were until 1998 exempted from the cartel prohibition provision, and the prevalence of exclusive rights on the energy markets, the Commission triggered infringement proceedings against four Member States. The CJEU confirmed that the Commission has the power to abolish monopoly rights under certain circumstances and the rulings had the effect of convincing the member states to enter into negotiations for an opening up of energy markets owing to the internal market energy liberalization directives 1996 / 1998 / 2003 / 2009 / 2019. The 2nd liberalisation package of 2003 brought a widening of market opening and acceleration of pace of market opening to a greater number of eligible customers and an increase in the provisions on management and legal unbundling. The 3rd energy package of 2009 addressed ownership unbundling of key-infrastructure ownership and energy wholesale and retail supply consisting of three regulations and two directives. The 4th liberalization package inter alia consists of a new IEMD2019 and IGMD2019 and addresses energy efficiency and rules on good governance in the Energy Union. A brief analysis of the economic implications of concentrations is followed by an assessment of the evolution of European merger control law since 1989, 1997 and 2004. Then, the theoretical findings are contrasted to the results of recent merger proceedings in the energy sector.
The Governing Law Of Companies In Eu Law
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Author : Justin Borg-Barthet
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-04-09
The Governing Law Of Companies In Eu Law written by Justin Borg-Barthet and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-09 with Law categories.
The manner in which the governing law of companies is determined has attracted much attention from academics and practitioners alike ever since the European Court of Justice began receiving references for preliminary rulings regarding the compatibility of protective conflict of corporate law norms with the EC Treaty provisions concerning freedom of establishment. Although recent developments have been less controversial than the ground-breaking judgment in Centros, they have not only consolidated the general thrust of liberalisation occasioned by the Court of Justice, but have added new dimensions to the regulatory landscape. These developments include amendments to the European constitutional order enshrined in the Lisbon Treaty, European legislation on cross-border mergers, the proposed statute for a European Private Company, the judgment of the Court of Justice in Cartesio and a Commission communication that contemplates the introduction of legislation on the governing law of companies. This book examines these recent developments and appraises the current law, as well as the foreseeable trajectory of the law, within a theoretical setting that addresses the socio-economic and legal-theoretical concerns associated with choices of the governing law of companies. In addition to considering the present and probable future state of EU law, the book also develops new theoretical perspectives and proposes novel solutions to long-standing dilemmas. In particular, it suggests that the use of information technology may render possible previously impossible compromises between party autonomy and the proper locus of prescriptive sovereignty.
The Multinational Enterprise And Legal Control
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Author : Cynthia Day Wallace
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2002-04-02
The Multinational Enterprise And Legal Control written by Cynthia Day Wallace and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-04-02 with Law categories.
This long-awaited new book from Cynthia Day Wallace picks up the thread of her best-selling "Legal Control of the Multinational Enterprise: National Regulatory Techniques and the Prospects for International Controls," In the present work she applies herself to legal and pragmatic aspects of control surrounding MNE operations. The primary focus is on legal and administrative techniques and measures practised by host states to control - transparently or less so - foreign MNE activity within their territories, or even extraterritorially when effects are felt within national boundaries. The primary geographic focus is the six most investment-intensive industrialized states (namely, Canada, France, Germany, Japan, the United States and the United Kingdom). At the same time an important message of the present study is precisely the implication for the developing countries as well as for the emerging market economies of central and eastern Europe - and even Asian nations besides Japan, because it is the sharing of this very 'experience of years' that can best serve to facilitate a fuller participation on the part of the up-and-coming economies in the same global market place.
Cooperating On Competition In Transatlantic Economic Relations
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Author : C. Damro
language : en
Publisher: Springer
Release Date : 2006-10-10
Cooperating On Competition In Transatlantic Economic Relations written by C. Damro and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-10-10 with Political Science categories.
In this in-depth study, Damro explains the creation of a formal cooperative framework for preventing disputes in transatlantic competition policy. The findings suggest that, while regulators remain constrained by domestic institutions, they play an important role in explaining why the cooperative framework is largely a discretionary one.
Jurisdiction In International Law
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Author : Cedric Ryngaert
language : en
Publisher:
Release Date : 2015
Jurisdiction In International Law written by Cedric Ryngaert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Handbook Of Research In Trans Atlantic Antitrust
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Author : Philip Marsden
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008-01-01
Handbook Of Research In Trans Atlantic Antitrust written by Philip Marsden 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 2008-01-01 with Law categories.
The book is handsomely produced by Edward Elgar. . . The notes contain more than citations and are well worth reading. A welcome feature is that after each set of notes there is a list of the most important writings on the topic followed by a list of the most important cases. Edward Elgar is well known in economic circles, hence the endnotes to which economists are accustomed. . . It has published several books on competition for lawyers over the last years and is a welcome entrant to the lawyers market. Valentine Korah, World Competition This extremely well done and important book collects writings by more than two dozen academics and practitioners on important topics in competition law. . . This is an excellent book, important for research by anyone who is serious about global or comparative competition policy. European Law Review This Handbook assembles a valuable collection of insightful analyses dealing with many cutting-edge issues arising in modern antitrust enforcement on both sides of the Atlantic. Philip Lowe, European Commission The contributions to this Handbook provide a comprehensive, up-to-date treatment of antitrust law in the Americas and Europe. I would recommend it to anyone who wants to learn about antitrust law and its administration in the major enforcement areas of the world. This is bound to become an important reference for antitrust students and experts. Keith Hylton, Boston University, US This comprehensive research Handbook brings together cutting-edge legal and economic analysis into antitrust issues by leading experts from Europe, the USA, Canada, Mexico and South America. The Handbook of Research in Trans-Atlantic Antitrust covers a wide-range of areas including: the meaning of consumer welfare mergers in monopsony markets unilateral effects private and criminal enforcement implementing competition policy in regulated sectors abuse of intellectual property rights competition remedies international enforcement cooperation complainants rights dominant firm pricing tying and bundling. The Handbook also includes discursive consideration of the similarities and differences among the various regimes on either side of the Atlantic, as well as a look to future trends and applications in regional and global contexts. Offering a comparative view of pressing antitrust issues, this Handbook will be of great interest to academics, lawyers, practitioners and officials.