A Comparative Analysis Of Eu Merger Control
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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.
A Comparative Analysis Of Eu And Us Transnational Mergers Regulation
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Author : Dimitris Liakopoulos
language : en
Publisher: GRIN Verlag
Release Date : 2017-12-22
A Comparative Analysis Of Eu And Us Transnational Mergers Regulation written by Dimitris Liakopoulos and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-22 with Law 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 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.
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.
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.
Merger Control In The Eu And Turkey
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Author : Fevzi Toksoy
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-05-11
Merger Control In The Eu And Turkey written by Fevzi Toksoy and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-11 with Law categories.
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.
Efficiencies As A Defense In Merger Control Analysis A Comparison Of European And American Merger Policy
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Author : Markus Martin
language : en
Publisher: GRIN Verlag
Release Date : 2012-03-02
Efficiencies As A Defense In Merger Control Analysis A Comparison Of European And American Merger Policy written by Markus Martin and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-02 with Business & Economics categories.
Seminar paper from the year 2006 in the subject Business economics - Miscellaneous, grade: 1, University of Tubingen, language: English, abstract: Effizienzgewinne als Verteidigungsargument in Fusionskontrollverfahren. Es wird die Handhabung in den USA und Europa vergleichend dargestellt.
Comparative Analysis Of Merger Control Policy
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Author : Jingyuan Ma
language : en
Publisher:
Release Date : 2014
Comparative Analysis Of Merger Control Policy written by Jingyuan Ma and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Antitrust law categories.
After 13 years of discussion, the anti-monopoly law of the People's Republic of China was promulgated in August 2007 and entered into force a year later. During the legislative process, a particular challenge was to determine the goal of competition law in China. This challenge can be best illustrated by the merger control policy under the Chinese anti-monopoly law, which has been formulated by taking into account economic goals, as well as various social and political considerations. This book takes a comparative perspective in investigating to what extent competition goals may influence merger policy by focusing on four major issues. First, in order to understand why competition law and policy in China incorporates a multitude of policy goals, the legislative history of the anti-monopoly law and merger policy is explored. Second, the evolution of the debate on competition goals in the US and the EU puts the developments in China in a comparative perspective. Third, emphasis is placed on the evolution of incorporating the efficiency goal into merger policy. Finally, given the theoretical debate on competition goals, the book discusses whether competition goals may have an impact on the analysis of merger cases. Taking economic theories and modern economic techniques as the benchmark, the book concludes that the divergent competition goals in China, the US, and the EU lead to a different outcome of merger cases. It also sets out the policy implications for competition policy makers in China. (Series: European Studies in Law & Economics - Vol. 13) [Subject: Economic Law, Competition Law, Comparative Law]
European Merger Control
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Author : Catalin Stefan Rusu
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
European Merger Control written by Catalin Stefan Rusu and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Business & Economics categories.
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.
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.
Promoting Competition In Innovation Through Merger Control In The Ict Sector
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Author : Kalpana Tyagi
language : en
Publisher: Springer
Release Date : 2019-06-21
Promoting Competition In Innovation Through Merger Control In The Ict Sector written by Kalpana Tyagi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-21 with Law categories.
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.