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Assessing Non Horizontal Mergers
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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.
Book Synopsis Critically Assess the Role of Efficiencies in Merger Assessment by : Veronika Minkova
Download or read book Critically Assess the Role of Efficiencies in Merger Assessment written by Veronika Minkova and published by GRIN Verlag. This book was released on 2011-12 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Assessment of the Vertical Mergers, Before and After the Non-Horizontal Merger Guidelines, is There a Difference? by : Karan Rana
Download or read book Assessment of the Vertical Mergers, Before and After the Non-Horizontal Merger Guidelines, is There a Difference? written by Karan Rana and published by . This book was released on 2014 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper specifically looks at the differences or the similarities in the assessment of the vertical mergers conducted by the European Commission before and after the Non-Horizontal Merger Guidelines. It will begin with the introduction of the New Guidelines adopted in 2007 and its aims and approaches in connection with vertical mergers. Furthermore, the factors will be reviewed which led to the emergence of New guidelines. Moreover, the vertical merger cases before and after the adoption of New Guidelines will be examined. Finally, there will be the comparative analysis of the assessment of the vertical mergers before and after the Non-Horizontal Merger Guidelines.
Book Synopsis Guidelines on the Assessment of Non-horizontal Mergers Under the Council Regulation on the Control of Concentrations Between Undertakings by :
Download or read book Guidelines on the Assessment of Non-horizontal Mergers Under the Council Regulation on the Control of Concentrations Between Undertakings written by and published by . This book was released on 2008 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Assessing Non-horizontal Mergers by : Alexandr Svetlicinii
Download or read book Assessing Non-horizontal Mergers written by Alexandr Svetlicinii and published by . This book was released on 2011 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Shaping of EU Competition Law by : Pablo Ibáñez Colomo
Download or read book The Shaping of EU Competition Law written by Pablo Ibáñez Colomo and published by Cambridge University Press. This book was released on 2018-07-12 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.
Book Synopsis U.S. Department of Justice Merger Guidelines by : United States. Department of Justice. Antitrust Division
Download or read book U.S. Department of Justice Merger Guidelines written by United States. Department of Justice. Antitrust Division and published by . This book was released on 1982 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Merger Control in the EU and Turkey by : Fevzi Toksoy
Download or read book Merger Control in the EU and Turkey written by Fevzi Toksoy and published by Kluwer Law International B.V.. This book was released on 2022-05-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Draft Commission Guidelines on the Assessment of Non-Horizontal Mergers by : Alexandr Svetlicinii
Download or read book Draft Commission Guidelines on the Assessment of Non-Horizontal Mergers written by Alexandr Svetlicinii and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Draft Guidelines on the assessment of non-horizontal mergers released by the Commission in February 2007 provides academia, industry and the larger public with an opportunity to comment on the treatment of non-horizontal concentrations under the new substantive test of the 2004 EC Merger Regulation. The Draft Guidelines is one of the continuous steps towards clarification of both substantive and procedural aspects of the reformed EC merger control. One of the issues that was expected to be clarified in the future Non-Horizontal Guidelines is the treatment of the efficiencies and incorporation of the efficiency defence in merger assessment process. As economic theory demonstrates, vertical and conglomerate concentrations are more likely to generate efficiencies that reduce costs and improve production or distribution processes and quality of the products thus ultimately benefiting the final consumer. As the efficiency defence was recognized in principle, but not yet applied by the Commission or Community courts, the future Non-Horizontal Guidelines have special importance in clarifying this legal concept and its practical application. Present work analyses the Draft Guidelines in the light of the preceding administrative guidelines issued by the Commission and recent case law developments in the area of EC merger control. The author submits that the Draft Guidelines fall short of improving the chances of the efficiency defence being effectively applied by the merging parties in view of the increasing standard of proof and judicial review. The article advocates the elaboration of more detailed and specific rules concerning the efficiency defence that would provide the parties with a functioning procedural mechanism giving a chance for efficiency claims to be considered against the alleged competitive harm.
Book Synopsis U.S. Department of Justice Statement Accompanying Release of Revised Merger Guidelines, June 14, 1984 by : United States. Department of Justice
Download or read book U.S. Department of Justice Statement Accompanying Release of Revised Merger Guidelines, June 14, 1984 written by United States. Department of Justice and published by . This book was released on 1984 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis U.S. Department of Justice Merger Guidelines, June 14, 1984 by : United States. Department of Justice
Download or read book U.S. Department of Justice Merger Guidelines, June 14, 1984 written by United States. Department of Justice and published by . This book was released on 1984 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Blurred Scope of Non-Horizontal Merger Control in Europe by : Pierluigi Sabbatini
Download or read book The Blurred Scope of Non-Horizontal Merger Control in Europe written by Pierluigi Sabbatini and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2008 Non-Horizontal Merger Guidelines of the European Commission did not entirely succeed in supplying a plausible theory of harm regarding those mergers that cause competitive concerns, because of what could be optimistically considered only a misleading wording. This is mainly due to the use of the term “foreclosure” and to the reference to long-term profits which, it is said, could also provide incentives for foreclosing strategies. Because of this, it is not clear whether non-horizontal merger control has to prevent price increases due to short-term profit maximizing firms (as horizontal merger control does) or whether it must contrast exclusionary conduct, of the type examined in the assessment of abuses of dominance (under Art. 102 of the Treaties). We motivate our preference for the first alternative and, consequently, advocate the removal of the term “foreclosure” from the Non-Horizontal Merger Guidelines. Although the first implementation of the Guidelines by the Commission does not show relevant flaws, there is still the risk that the literal reading of the Guidelines could lead to a wrong merger control enforcement by European Competition Authorities. We also believe that, for the purpose of clarifying the appropriate scope of the assessment of a vertical merger, a more extensive employment of simulation techniques could be effective, as they clearly focus on short-term incentives to increase prices. We exemplify how to run such an exercise under different hypotheses.
Book Synopsis Trademarks and Brands in Merger Control by : Damiano Canapa
Download or read book Trademarks and Brands in Merger Control written by Damiano Canapa and published by Kluwer Law International B.V.. This book was released on 2016-06-23 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of intellectual property rights in merger control procedures has not received the attention it warrants. Most research has focused on the assessment of intellectual property rights in anticompetitive conducts rather than on how a firm can monopolise a market by accumulating such assets. This is despite the fact that access to such assets, whether used or unused, is often a key factor, if not the only one, motivating mergers. This book, the first to address trademarks and brands from the perspective of merger control procedure, studies the legal issues of the topic. It provides a comprehensive response to the question of how European and Swiss competition authorities should consider trademarks and brands when assessing a merger. The author's thorough and critical approach addresses topics such as: - the in-depth assessment of the legal and economic foundations of both trademarks and brands, and merger control; - why trademarks and brands may be relevant to the assessment of mergers, including the distinction between trademarks and brands, the origin of the brands' strength according to marketing sciences, and how and why brands may provide market power to their holder; - the conditions under which the assignment or licence of a trademark may qualify as a concentration under the definition of the European Union Merger Regulation or of the Swiss Cartel Act; - the role played by trademarks and brands in the substantive assessment of a merger, including the definition of the relevant markets, different types of mergers, and the invocation of the failing firm defence; - the provision of detailed guidelines describing the possible influence of trademarks and brands on the outcome of the merger assessment; and - the importance of trademarks and brands in the design and assessment of remedies. At every stage of the study, special attention is given to the decisions of both the European Commission and the Swiss Competition Commission. As the first detailed analysis of the role of trademarks and brands in the assessment of mergers, this book constitutes a deep and illuminating answer to the uncertainties regarding the outcomes of the assessment of mergers that derive from the 'more economic approach' prevailing in European Union Law. It cannot fail but capture the interest of practitioners, businesspeople and academics whose work involves competition and intellectual property.
Book Synopsis Non-horizontal Mergers by : Wayne D. Collins
Download or read book Non-horizontal Mergers written by Wayne D. Collins and published by . This book was released on 1988 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Does EU Merger Control Discriminate Against Small Market Companies? by : Mika Oinonen
Download or read book Does EU Merger Control Discriminate Against Small Market Companies? written by Mika Oinonen and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the question posed by the title of this book has generated considerable debate, the essential issue remains open and largely blurred. While some believe that there is no so-called 'small market problem', others discern discrimination against small market companies (i.e., companies with a strong position in their home markets but a modest position in the European and global markets) and a consequent need for changes in competition law. The author of this enormously helpful work here sets the stage for meaningful discussion by analysing the EC Merger Regulation's objectives, economic foundations, and application practice to present a reasoned view of the issues that can be considered relevant for such a discussion. Considering their effect on the 'small market problem', the author scrutinizes such factors as the following: the Commission's methodology for delineating relevant markets in merger assessments; unnecessary prohibition caused by overestimation of the market power of small market mergers; erroneous approval of cases that should actually be prohibited; impact of the so-called 'Harvard' and 'Chicago' schools of competition theory and their key policy implications; process-related alternative views of competition and new synthesizing approaches; relevant criteria for a proper analysis of market power; concentration measures and market shares; barriers to entry; price and profitability analyses; and product definition v. geographic definition of markets. In a final chapter, the author presents some tentative conclusions, normative in nature, concerning the problem and the relevant issues relating to it. As the first in-depth analysis of the issues that are actually involved - with its particular diagnosis of the assessment of market power in considering the relevant issues for the problem - this study brings into salience the terms of the debate on the 'problem', and thus takes a giant step forward towards defining what needs to be done. Competition lawyers, policymakers, and academics in Europe and elsewhere will find the discussion of great value.
Book Synopsis Evaluating Vertical Mergers Post Non-horizontal Guidelines by : Alvaro Ramos
Download or read book Evaluating Vertical Mergers Post Non-horizontal Guidelines written by Alvaro Ramos and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The EU Merger Regulation by : Alistair Lindsay
Download or read book The EU Merger Regulation written by Alistair Lindsay and published by Sweet & Maxwell. This book was released on 2012 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the 4th edition of The EC Merger Regulation - a detailed guide to the method of merger control in the European Union. Fully revised for 2012, this comprehensive text describes how the European Commission determines approval of a notified merger, thereby providing information and techniques to complete merger deals successfully for companies operating in the European Union
