A Comparative Analysis Of Eu And Us Transnational Mergers Regulation

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A Comparative Analysis of EU and US Transnational Mergers Regulation

Author : Dimitris Liakopoulos
Publisher : Grin Publishing
ISBN 13 : 9783668599123
Total Pages : 388 pages
Book Rating : 4.5/5 (991 download)

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Book Synopsis A Comparative Analysis of EU and US Transnational Mergers Regulation by : Dimitris Liakopoulos

Download or read book A Comparative Analysis of EU and US Transnational Mergers Regulation written by Dimitris Liakopoulos and published by Grin Publishing. This book was released on 2017-12-29 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Merger Control & Antitrust Enforcement in the EU and US

Author :
Publisher :
ISBN 13 : 9781904673354
Total Pages : 63 pages
Book Rating : 4.6/5 (733 download)

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Book Synopsis Merger Control & Antitrust Enforcement in the EU and US by :

Download or read book Merger Control & Antitrust Enforcement in the EU and US written by and published by . This book was released on 2003 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cross-Border Mergers

Author : Thomas Papadopoulos
Publisher : Springer Nature
ISBN 13 : 3030227537
Total Pages : 511 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Cross-Border Mergers by : Thomas Papadopoulos

Download or read book Cross-Border Mergers written by Thomas Papadopoulos and published by Springer Nature. This book was released on 2019-09-28 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Public Interest Considerations in Merger Control

Author : Qian Li
Publisher :
ISBN 13 : 9783848775880
Total Pages : 0 pages
Book Rating : 4.7/5 (758 download)

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Book Synopsis Public Interest Considerations in Merger Control by : Qian Li

Download or read book Public Interest Considerations in Merger Control written by Qian Li and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Public interest considerations in merger control

Author : Qian Li
Publisher :
ISBN 13 : 9783748937210
Total Pages : 0 pages
Book Rating : 4.9/5 (372 download)

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Book Synopsis Public interest considerations in merger control by : Qian Li

Download or read book Public interest considerations in merger control written by Qian Li and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Merger Control Review

Author : Ilene Knable Gotts
Publisher :
ISBN 13 : 9781804490952
Total Pages : 0 pages
Book Rating : 4.4/5 (99 download)

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Book Synopsis The Merger Control Review by : Ilene Knable Gotts

Download or read book The Merger Control Review written by Ilene Knable Gotts and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Comparative Takeover Regulation

Author : Umakanth Varottil
Publisher : Cambridge University Press
ISBN 13 : 1107195276
Total Pages : 545 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Comparative Takeover Regulation by : Umakanth Varottil

Download or read book Comparative Takeover Regulation written by Umakanth Varottil and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Ten years of effects- Based approach in EU competition law

Author : Jacques Bourgeois
Publisher : Primento
ISBN 13 : 2802738828
Total Pages : 284 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Ten years of effects- Based approach in EU competition law by : Jacques Bourgeois

Download or read book Ten years of effects- Based approach in EU competition law written by Jacques Bourgeois and published by Primento. This book was released on 2012-12-10 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the key components of the modernization of competition rules has been a radical departure from the previous «form-based» enforcement to a so-called «effects-based» approach. Taking stock of ten years of experience under this new policy, the present book analyses the changes brought about, as well as the practical problems encountered in its day-to-day application, be it by competition law enforcers, judges or practitioners. This book compiles the reports prepared for the 2011 Annual Conference of the Global Competition Law Centre (“GCLC”). Each and every chapter of this volume formulates concrete proposals as to how the system can be clarified or even improved. The focus is not only on the enforcement of Articles 101 and 102 TFEU, but also in the file of merger control. Attempts are made to define more precisely the boundaries between anticompetitive object and effect, and to develop adequate safe harbours and presumptions. This book also casts a closer look at the analytical framework, possible theories of harm, evidence and defences. Overall the objective is to reconcile as best as possible law and economics, and to see how the goal to achieve the “right decision” in terms of economic outcome can be combined with the legitimate need for legal certainty.

Comparative Competition Law

Author : John Duns
Publisher : Edward Elgar Publishing
ISBN 13 : 1785362577
Total Pages : 529 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Comparative Competition Law by : John Duns

Download or read book Comparative Competition Law written by John Duns and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.

RETRACTED, The Regulation of Transnational Mergers in International and European Law

Author : Dimitris Liakopoulos
Publisher : BRILL
ISBN 13 : 9047431146
Total Pages : 248 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis RETRACTED, The Regulation of Transnational Mergers in International and European Law by : Dimitris Liakopoulos

Download or read book RETRACTED, The Regulation of Transnational Mergers in International and European Law written by Dimitris Liakopoulos and published by BRILL. This book was released on 2009-12-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

After the Damages Directive

Author : Andrea Biondi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403513101
Total Pages : 973 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis After the Damages Directive by : Andrea Biondi

Download or read book After the Damages Directive written by Andrea Biondi and published by Kluwer Law International B.V.. This book was released on 2022-01-11 with total page 973 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Competition Law Series [ICLS], Volume 89 Designed to deter anticompetitive conduct and to ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. This first book of its kind offers a comparative overview, practical and authoritative, of the implementation and application of private enforcement rules in each EU Member State as well as in the post-Brexit United Kingdom, covering legislation and case law to date. For leading jurisdictions where practice is already well developed, there are more detailed chapters, with perspectives of judges, competition authorities, practitioners, and economists. The contributors – all experts in the use of EU competition law in their respective jurisdictions – cover the provisions of the Directive in detail, including the following: requirement of full compensation; rules preventing overcompensation; court’s power to estimate damages that cannot be precisely quantified; joint and several liability for infringing undertakings; coordination between public and private enforcement; provisions related to passing-on; certain rules on admissibility of evidence; rules on limitation periods; and consensual dispute resolution. In its detailed explanations of shared best practices and its highlighting of opportunities for convergence, the book provides much-needed insight into judicial practice and thinking, the economic approaches and strategies relevant to damages, and the coordination between public and private enforcement. These expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their own jurisdictions, as well as into the problems that have arisen or might arise in the future.

The Reform of EC Competition Law

Author : Ioannis Kokkoris
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041126929
Total Pages : 626 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Reform of EC Competition Law by : Ioannis Kokkoris

Download or read book The Reform of EC Competition Law written by Ioannis Kokkoris and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.

The Atlantic Divide in Antitrust

Author : Daniel J. Gifford
Publisher : University of Chicago Press
ISBN 13 : 022617610X
Total Pages : 320 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis The Atlantic Divide in Antitrust by : Daniel J. Gifford

Download or read book The Atlantic Divide in Antitrust written by Daniel J. Gifford and published by University of Chicago Press. This book was released on 2015-02-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States and the European Union operate the world’s two most powerful systems of competition law and policy, whose enforcement and judicial institutions employ similar concepts and legal language. Yet the two regimes sometimes reach very different results on significant antitrust issues. In The Atlantic Divide in Antitrust, Daniel Gifford and Robert Kudrle show that a combination of differences in social values, political institutions, and legal precedent inhibit close convergence. The book explores the main contested areas of contemporary antitrust: mergers, price discrimination, predatory pricing, exclusive supply, conditional rebating, intellectual property, and Schumpeterian competition. The authors explore how the prevailing antitrust analyses differ in the EU and the U.S., the policy ramifications of these differences, and how the analyses used by the enforcement authorities or the courts in each of these several areas relate to each other. Several themes run through the substantive areas treated in the book: pricing incentives and constraints, welfare effects, and whether competition tends to be viewed as an efficiency generating process or as rivalry. The notorious Microsoft case offers a useful lens to examine copyright, patents, and trade secrets, and the authors take the opportunity to contemplate competition policy in dynamic, innovative industries more broadly. For the EU, competition policy has also functioned as a mechanism to bond national markets together in the EU structure; the USA, federal from the beginning, did not require this instrumental aspect in its antitrust doctrines. The Atlantic Divide concludes with forecasts and suggestions about how greater compatibility, if not convergence, might ultimately be attained.

Merger Remedies in American and European Union Competition Law

Author : François Lévêque
Publisher : Edward Elgar Publishing
ISBN 13 : 9781781957646
Total Pages : 240 pages
Book Rating : 4.9/5 (576 download)

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Book Synopsis Merger Remedies in American and European Union Competition Law by : François Lévêque

Download or read book Merger Remedies in American and European Union Competition Law written by François Lévêque and published by Edward Elgar Publishing. This book was released on 2003-01-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Competition Law and Economics

Author : Abel Moreira Mateus
Publisher : Edward Elgar Publishing
ISBN 13 : 1849807035
Total Pages : 457 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Competition Law and Economics by : Abel Moreira Mateus

Download or read book Competition Law and Economics written by Abel Moreira Mateus and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mateus and Moreira present a formidable review of pressing issues in competition law and economics. Top officials, judges and experts from Europe and North America offer their insights into analytical issues, practical problems for companies, enforcers and complainants and on the state of trans-Atlantic divergence and convergence. The discussion on national champions and state aid is prescient. Throughout, the analysis is acute, cutting edge, and deep. Officials, counsel and scholars will draw from this fabulous book for years to come. Philip Marsden, British Institute of International and Comparative Law, London, UK Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue. There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU. Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.

Controlling Market Power in Telecommunications

Author : Damien Geradin
Publisher : Oxford University Press, USA
ISBN 13 : 9780199242436
Total Pages : 424 pages
Book Rating : 4.2/5 (424 download)

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Book Synopsis Controlling Market Power in Telecommunications by : Damien Geradin

Download or read book Controlling Market Power in Telecommunications written by Damien Geradin and published by Oxford University Press, USA. This book was released on 2003 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controlling market power is a crucial issue in liberalised telecommunications markets. By comparatively analysing five countries, this book explores how the regulatory framework should be designed.

The Brussels Effect

Author : Anu Bradford
Publisher : Oxford University Press
ISBN 13 : 0190088605
Total Pages : 368 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis The Brussels Effect by : Anu Bradford

Download or read book The Brussels Effect written by Anu Bradford and published by Oxford University Press. This book was released on 2020-01-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.