Accommodating Public Interest Considerations In Domestic Merger Control

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Accommodating Public Interest Considerations in Domestic Merger Control

Author : David Reader
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Accommodating Public Interest Considerations in Domestic Merger Control by : David Reader

Download or read book Accommodating Public Interest Considerations in Domestic Merger Control written by David Reader and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of recent convergence initiatives, many countries now adopt a competition-based approach to merger control assessment. Given the emphasis that is placed on competition criteria in these assessments, the influence of wider 'public interest' criteria has become increasingly marginalised. Yet despite this marginalisation, many merger regimes continue to afford scope to public interest criteria - which poses a number of questions regarding the feasibility of further convergence internationally. This paper conducts an empirical study of 75 domestic merger regimes to draw two sets of insights. Firstly, the paper identifies the different means by which states have chosen to accommodate public interest criteria within their domestic merger laws. It finds that most states will: (i) treat the public interest as an 'exception' to a competition-based test or frame it within sector-specific policy, and (ii) assign decision-making powers to either a national competition authority or a politician. Secondly, the paper explores the socio-economic factors that may influence how a state choses to accommodate public interest criteria. Statistical analysis suggests that factors traditionally thought of as influential (such as economic development) have only a negligible correlation with the chosen method of accommodation. In contrast, the 'effectiveness' of domestic governance within a state appears to demonstrate a significant correlation with how states choose to frame public interest criteria within legislation.

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:

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:

Between Compliance and Particularism

Author : Marton Varju
Publisher : Springer
ISBN 13 : 3030057828
Total Pages : 347 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Between Compliance and Particularism by : Marton Varju

Download or read book Between Compliance and Particularism written by Marton Varju and published by Springer. This book was released on 2019-02-08 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

Populism and Antitrust

Author : Maciej Bernatt
Publisher : Cambridge University Press
ISBN 13 : 110848283X
Total Pages : 275 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Populism and Antitrust by : Maciej Bernatt

Download or read book Populism and Antitrust written by Maciej Bernatt and published by Cambridge University Press. This book was released on 2022-02-24 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Populism and Antitrust examines the influence of populism on competition law and shows how populism can lead to illiberal changes.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

OECD Business and Finance Outlook 2017

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264274898
Total Pages : 174 pages
Book Rating : 4.2/5 (642 download)

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Book Synopsis OECD Business and Finance Outlook 2017 by : OECD

Download or read book OECD Business and Finance Outlook 2017 written by OECD and published by OECD Publishing. This book was released on 2017-05-30 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: The OECD Business and Finance Outlook is an annual publication that presents unique data and analysis that looks at what might affect and change, both favourably and unfavourably, tomorrow’s world of business, finance and investment.

Mergers, Merger Control, and Remedies

Author : John Kwoka
Publisher : MIT Press
ISBN 13 : 0262028484
Total Pages : 283 pages
Book Rating : 4.2/5 (62 download)

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Book Synopsis Mergers, Merger Control, and Remedies by : John Kwoka

Download or read book Mergers, Merger Control, and Remedies written by John Kwoka and published by MIT Press. This book was released on 2015 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of merger outcomes based on all empirical studies, with an assessment of the effectiveness of antitrust policy toward mergers. In recent decades, antitrust investigations and cases targeting mergers—including those involving Google, Ticketmaster, and much of the domestic airline industry—have reshaped industries and changed business practices profoundly. And yet there has been a relative dearth of detailed evaluations of the effects of mergers and the effectiveness of merger policy. In this book, John Kwoka, a noted authority on industrial organization, examines all reliable empirical studies of the effect of specific mergers and develops entirely new information about the policies and remedies of antitrust agencies regarding these mergers. Combined with data on outcomes, this policy information enables analysis of, and creates new insights into, mergers, merger policies, and the effectiveness of remedies in preventing anticompetitive outcomes. After an overview of mergers, merger policy, and a common approach to merger analysis, Kwoka offers a detailed analysis of the studied mergers, relevant policies, and chosen remedies. Kwoka finds, first and foremost, that most of the studied mergers resulted in competitive harm, usually in the form of higher product prices but also with respect to various non-price outcomes. Other important findings include the fact that joint ventures and code sharing arrangements do not result in such harm and that policies intended to remedy mergers—especially conduct remedies—are not generally effective in restraining price increases. The book's uniquely comprehensive analysis advances our understanding of merger decisions and policies, suggests policy improvements for competition agencies and remedies, and points the way to future research.

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.

Competition Policy for the New Era

Author : Tembinkosi Bonakele
Publisher : Oxford University Press
ISBN 13 : 0192538713
Total Pages : 340 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Competition Policy for the New Era by : Tembinkosi Bonakele

Download or read book Competition Policy for the New Era written by Tembinkosi Bonakele and published by Oxford University Press. This book was released on 2017-12-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law has expanded to more than 100 jurisdictions worldwide with varying degrees of economic, social, and institutional development, raising important questions as to what is the appropriate design of competition law regimes and the interaction between competition law and economic development. This volume, comprising a selection of papers from the 4th BRICS International Competition Conference written by academic and practising economists and lawyers from both developed and developing countries, is distinctive in its focus on a broader view of competition policy in BRICS and developing countries. It examines the role competition, the application of broader public interest and national interest concerns in the analysis and influence on developing country competition authorities' policy-making. The contributors address topics such as: - a broad view of competition policy; - making markets work for the people as a post millennium development goal; - some key issues concerning the further development of China's antimonopoly law; - remedies in BRICS countries; - public interest issues in cross-border mergers; - crafting creative remedies in food markets in South Africa; - what are African competition authorities doing to fight cartels?; - successes and challenges in the fight against cartels; and the economics of antitrust sanctioning.

Premerger Notification Practice Manual

Author :
Publisher : American Bar Association
ISBN 13 : 9781590312551
Total Pages : 560 pages
Book Rating : 4.3/5 (125 download)

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Book Synopsis Premerger Notification Practice Manual by :

Download or read book Premerger Notification Practice Manual written by and published by American Bar Association. This book was released on 2003 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides summaries and discussions of informal interpretations given by the Premerger Notification Office of the Federal Trade Comission and enforcement actions brought by the antitrust agencies regarding the premerger notification requirements if the Hart-Scott-Rodino Antirust Improvements Act of 1976 and the Commision's implementing regulations.

The Economic Assessment of Mergers Under European Competition Law

Author : Daniel Gore
Publisher : Cambridge University Press
ISBN 13 : 1107007720
Total Pages : 559 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Economic Assessment of Mergers Under European Competition Law by : Daniel Gore

Download or read book The Economic Assessment of Mergers Under European Competition Law written by Daniel Gore and published by Cambridge University Press. This book was released on 2013-04-25 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a clear, concise and practical overview of the key economic techniques and evidence employed in European merger control.

Antitrust Enforcement Guidelines for International Operations

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Antitrust Enforcement Guidelines for International Operations by : United States. Department of Justice

Download or read book Antitrust Enforcement Guidelines for International Operations written by United States. Department of Justice and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Evolving Governance of EU Competition Law in a Time of Disruptions

Author : Carlo Maria Colombo
Publisher : Bloomsbury Publishing
ISBN 13 : 1509951806
Total Pages : 360 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Evolving Governance of EU Competition Law in a Time of Disruptions by : Carlo Maria Colombo

Download or read book The Evolving Governance of EU Competition Law in a Time of Disruptions written by Carlo Maria Colombo and published by Bloomsbury Publishing. This book was released on 2024-02-08 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times. Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.

The Committee on Foreign Investment in the United States Cfius

Author : Congressional Research Congressional Research Service
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781539454816
Total Pages : 38 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis The Committee on Foreign Investment in the United States Cfius by : Congressional Research Congressional Research Service

Download or read book The Committee on Foreign Investment in the United States Cfius written by Congressional Research Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2016-08-12 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Committee on Foreign Investment in the United States (CFIUS) is comprised of nine members, two ex officio members, and other members as appointed by the President representing major departments and agencies within the federal executive branch. While the group generally has operated in relative obscurity, the proposed acquisition of commercial operations at six U.S. ports by Dubai Ports World in 2006 placed the group's operations under intense scrutiny by Members of Congress and the public. Prompted by this case, some Members of the 109th and 110th Congresses questioned the ability of Congress to exercise its oversight responsibilities given the general view that CFIUS's operations lack transparency. Other Members revisited concerns about the linkage between national security and the role of foreign investment in the U.S. economy. Some Members of Congress and others argued that the nation's security and economic concerns have changed since the September 11, 2001, terrorist attacks and that these concerns were not being reflected sufficiently in the Committee's deliberations. In addition, anecdotal evidence seemed to indicate that the CFIUS process was not market neutral. Instead, a CFIUS investigation of an investment transaction may have been perceived by some firms and by some in the financial markets as a negative factor that added to uncertainty and may have spurred firms to engage in behavior that may not have been optimal for the economy as a whole. On July 12, 2016, Senator Charles Grassley introduced S. 3161 to include the Secretary of Agriculture as a permanent member of the CFIUS and to include the national security impact of foreign investments on agricultural assets as part of the criteria the Committee uses in deciding to recommend that the President block a foreign acquisition.

European Merger Control

Author : F. Ilzkovitz
Publisher : Edward Elgar Publishing
ISBN 13 : 9781845424916
Total Pages : 0 pages
Book Rating : 4.4/5 (249 download)

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Book Synopsis European Merger Control by : F. Ilzkovitz

Download or read book European Merger Control written by F. Ilzkovitz and published by Edward Elgar Publishing. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Regulatory Policy and Governance Supporting Economic Growth and Serving the Public Interest

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264116575
Total Pages : 155 pages
Book Rating : 4.2/5 (641 download)

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Book Synopsis Regulatory Policy and Governance Supporting Economic Growth and Serving the Public Interest by : OECD

Download or read book Regulatory Policy and Governance Supporting Economic Growth and Serving the Public Interest written by OECD and published by OECD Publishing. This book was released on 2011-10-25 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report encourages governments to “think big” about the relevance of regulatory policy and assesses the recent efforts of OECD countries to develop and deepen regulatory policy and governance.