Efficiencies As A Defense In Merger Control Analysis A Comparison Of European And American Merger Policy
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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.
The Efficiency Defence And The European System Of Merger Control
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Author :
language : en
Publisher:
Release Date : 2002
The Efficiency Defence And The European System Of Merger Control written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Antitrust law categories.
European Merger Control
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Author : Peter D. Camesasca
language : en
Publisher: Intersentia
Release Date : 2000
European Merger Control written by Peter D. Camesasca and has been published by Intersentia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Analyse économique categories.
The first decade of merger control under European competition law offers an enticing stimulus for all kinds of evaluations on the Merger Regulation's running time, in particular into the economic feasibility of its rules and their application. An economic analysis of the Regulation allows for a positive assessment of the envisioned effects, while also enabling normative statements on how to improve the rules' workability given a number of goals to be achieved. This study was inspired by one of the Merger Regulation's more controversial issues, as surrounding the taking into account of efficiencies resulting from a merger under scrutiny. Currently hardly featured in the evaluation process, it will be shown that efficiencies carry the potential to move to the centre of stage in those competitively "close" cases, pending prohibition because of the underlying amalgamation's latent anticompetitive effects, but at the same time characterised by a strong synergistic content. Roberto Pardolesi (Luiss Guido Carli, Rome): "The major strength of the work is the original development of fresh insights in discussing existing literatures, as well as in applying sophisticated economic arguments to the analysis of European discipline of Merger Control ... The comparison with the US legal and economic approach to merger regulation is pervasive and efficaciously performed."
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.
Critically Assess The Role Of Efficiencies In Merger Assessment
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Author : Veronika Minkova
language : en
Publisher: GRIN Verlag
Release Date : 2011-09-28
Critically Assess The Role Of Efficiencies In Merger Assessment written by Veronika Minkova and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-28 with Law categories.
Essay from the year 2011 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 1,3, University of Reading, course: European Competition Law, language: English, abstract: The first section of the present essay discusses historically the European Commission’s approach towards efficiencies. The second section elaborates on the choice of welfare standards and explains the European approach of adopting the consumer welfare standard. The third section outlines types of efficiencies according to the economic literature. The fourth section discusses the three cumulative conditions of the European Commission in order to consider efficiency claims. The next section reveals the Commission decisional practice in cases of efficiency claims and analyses its development. In the last chapter more attention is paid to theory and practice of efficiencies in cases of non-horizontal mergers.
Mergers And Acquisitions
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Author : Jonathan Galloway
language : en
Publisher: Routledge
Release Date : 2017-03-02
Mergers And Acquisitions written by Jonathan Galloway and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
Mergers and acquisitions occur for many legitimate reasons and should be encouraged as a matter of general policy, yet the resulting increase in the level of market concentration and market strength can lead to concerns that certain ’deals’ may irreparably damage the market structure and create anti-competitive effects. This volume explores the competition concerns arising out of mergers and acquisitions, the reasons for merger control and the fundamental options that face all jurisdictions intent on implementing an effective merger control regime. The volume acts as a guide through the development of merger control law, policy and scholarly thought and includes commentary on each of the key stages of any effective merger control regime. The articles consider the objectives of merger control and the broader political landscape within which mergers take place; the procedural issues in merger control, including jurisdictional matters and due process; the different substantive legal standards incorporated into merger control; the relevant theories of harm and the appropriate treatment of efficiencies; and the use of remedies in merger control. The chosen articles mainly, but not exclusively, focus on the US and EU, and several adopt a cross-disciplinary approach encompassing law, political science and economics.
European Merger Control
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Author : Catalin Stefan Rusu
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-09-17
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 2010-09-17 with Law 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.
European Merger Control
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Author : F. Ilzkovitz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2006
European Merger Control written by F. Ilzkovitz 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 2006 with Consolidation and merger of corporations categories.
During its first 15 years, the EU's merger control system offered only minimal possibilities for taking efficiency gains into account as a mitigating factor that might offset the anti-competitive effects of a merger. The policy changed in May 2004 and this book examines the background to that change.
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.
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.