The Regulation Of Transnational Mergers In International And European Law
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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.
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
Globalization And The Limits Of National Merger Control Laws
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Author : Joseph Wilson
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-02-01
Globalization And The Limits Of National Merger Control Laws written by Joseph Wilson 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 2003-02-01 with Business & Economics categories.
"The proliferation of merger control laws, in the absence of a mechanism to coordinate the transnational merger review, places an unnecessary burden on merging parties, and runs the risk of divergent outcomes, which at times cause friction among nation-states." --
International Merger Policy
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Author : Julie Clarke
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-04-25
International Merger Policy written by Julie Clarke 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 2014-04-25 with Law categories.
International Merger Policy offers a compelling comparative assessment of domestic and regional merger laws and procedures. Identifying important areas of convergence and emerging best practice, it considers existing levels of international cooperation
Eu Competition Law Volume Ii Mergers And Acquisitions
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Author : Jones, Christopher
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-12-14
Eu Competition Law Volume Ii Mergers And Acquisitions written by Jones, Christopher 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 2021-12-14 with Law categories.
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.
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.
Cross Border Mergers And Acquisitions And The Law A General Introduction
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Author : Norbert Horn
language : en
Publisher: Springer
Release Date : 2001-12-21
Cross Border Mergers And Acquisitions And The Law A General Introduction written by Norbert Horn and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-12-21 with Business & Economics categories.
Cross-border mergers and acquisitions are an imperative part of the accelerated economic globalization of our time. Cross-border transaction volume now accounts for almost one-third of global M & A activity and this number will only increase as business world-wide continues to expand.; The complex legal issues to be handled in such transactions encompass the co-ordination of different concepts of corporate governance and capital market regulations in the laws involved, as mirrored by the intense debate on M & A law making within the European Union, and for example, Germany. Lawyers engaged in the.
Corporate Acquisitions And Mergers In The European Union
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Author : Riccardo Celli
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-07-12
Corporate Acquisitions And Mergers In The European Union written by Riccardo Celli 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 2019-07-12 with Law categories.
Derived from Kluwer’s multi-volume Corporate Acquisitions and Mergers, the largest and most detailed database of M&A know-how available anywhere in the world, this work by a highly experienced partner in the leading international law firm O’Melveny & Myers LLP provides a concise, practical analysis of current law and practice relating to mergers and acquisitions of public and private companies in the European Union. The book offers a clear explanation of each step in the acquisition process from the perspectives of both the purchaser and the seller. Key areas covered include: structuring the transaction; due diligence; contractual protection; consideration; and the impact of applicable company, competition, tax, intellectual property, environmental and data protection law on the acquisition process. Corporate Acquisitions and Mergers is an invaluable guide for both legal practitioners and business executives seeking a comprehensive yet practical analysis of mergers and acquisitions in the European Union. Equivalent analyses of M&A law and practice in some 50 other jurisdictions, all contributed by leading law firms, are accessible on-line at www.kluwerlawonline.com under Corporate Acquisitions and Mergers.
Merger Control In The European Union
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Author : Edurne Navarro Varona
language : en
Publisher:
Release Date : 2005
Merger Control In The European Union written by Edurne Navarro Varona and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Business & Economics categories.
This second edition provides an exhaustive analysis of the European Community rules relating to merger control, including the new EC Merger Regulation 139/2004 of 20 January 2004 which entered into force on 1 May 2004 and the latest interpretive notices adopted by the European Commission. The book draws upon the authors' detailed and practical knowledge of the subject as officials at DG Competition and practitioners specialising in this field, and will be updated through a companion website.
Cross Border Mergers And Acquisitions
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Author : Mohammad Bedier
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-09-28
Cross Border Mergers And Acquisitions written by Mohammad Bedier 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 2018-09-28 with LAW categories.
This book provides the reader with an overview of the origin of corporations and the history of mergers and acquisitions. It demystifies the dynamics of mergers and identifies the unique impediments facing cross-border mergers and acquisitions, with great attention to the pre-merger control laws and regulations, in several regions (US, EU, and Middle East). Most importantly, it discusses and assesses merger deregulation and other key reforming proposals.