Eu Us Merger Control Cooperation

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EU-US Merger Control Cooperation

Author : Alexandr Svetlicinii
Publisher :
ISBN 13 :
Total Pages : 11 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis EU-US Merger Control Cooperation by : Alexandr Svetlicinii

Download or read book EU-US Merger Control Cooperation written by Alexandr Svetlicinii and published by . This book was released on 2013 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Present research paper is targeting an evolving area of international antitrust - merger control regulation and cooperation. Prompted by the recent developments in the European and US legal reforms in this area, present work provides an analysis of the EU-US merger control cooperation mechanism and its role in the international antitrust. The EU-US cooperation model is placed in the international framework of the existing antitrust agreements, policy proposals and regulatory unification and harmonization concepts developed by the international organizations and academia. Bilateral interagency cooperation in the matters of merger control is assessed according to the possibility of its international application and in comparison with other multilateral and unilateral alternatives. The conclusion of the paper provides an open-ended answer on the research question: what is the possible role that bilateral interagency cooperation based on the EU-US model can play in international antitrust. The outcome of the present research is leading to the position that bilateral interagency cooperation mechanism in the matters of merger control as the one developed between EU and US provides a viable and efficient solution that should be further researched and developed. The analysis of other available alternatives shows that it is very unlikely that any of them would be implemented in the near future. For the purposes of facilitating international mergers and avoiding conflicts in the extraterritorial application of merger control regulations, interagency cooperation yields immediate results and mutual benefits for the merging companies and antitrust enforcement authorities.

European Union: Merger Control and Cooperation Between the EU and the US Authorities

Author : Theresa Papademetriou
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (21 download)

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Book Synopsis European Union: Merger Control and Cooperation Between the EU and the US Authorities by : Theresa Papademetriou

Download or read book European Union: Merger Control and Cooperation Between the EU and the US Authorities written by Theresa Papademetriou and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A comparative analysis of EU and US transnational mergers regulation

Author : Dimitris Liakopoulos
Publisher : GRIN Verlag
ISBN 13 : 3668599114
Total Pages : 389 pages
Book Rating : 4.6/5 (685 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 Verlag. This book was released on 2017-12-22 with total page 389 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 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.

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:

Transatlantic Merger Cases

Author : Charles Smitherman
Publisher : Cameron May
ISBN 13 : 1905017456
Total Pages : 406 pages
Book Rating : 4.9/5 (5 download)

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Book Synopsis Transatlantic Merger Cases by : Charles Smitherman

Download or read book Transatlantic Merger Cases written by Charles Smitherman and published by Cameron May. This book was released on 2007 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the introduction of the U.S. - EC merger review co-operation initiative in the early nineties, transatlantic mergers remain a minefield for all those involved. For the parties there is the lack of legal certainty and its attendant costs and reputation; for the regulators there is the political toll of reconciling conflicting competition policies. Charles Smitherman reviews merger regulation frameworks on both sides of the Atlantic. The author identifies areas of substantive and procedural differences as they exist today and explores the viability of convergence to aid the efficiency of the merger process through bilateral and domestic enhancements. Throughout the work the emphasis is placed on pragmatic solutions rather than those of academic and oft-unobtainable nature. The backbone of the work is made up of the analysis of eight of the biggest U.S. - EC merger cases between 2000 and 2004.

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.

The EU Merger Regulation

Author : Alistair Lindsay
Publisher : Sweet & Maxwell
ISBN 13 : 041404844X
Total Pages : 849 pages
Book Rating : 4.4/5 (14 download)

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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

European Merger Control

Author : Catalin Stefan Rusu
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132597
Total Pages : 306 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Merger Control by : Catalin Stefan Rusu

Download or read book European Merger Control written by Catalin Stefan Rusu and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

Merger Control Review

Author : Ilene Knable Gotts
Publisher : Law Business Research Ltd.
ISBN 13 : 191237773X
Total Pages : 871 pages
Book Rating : 4.9/5 (123 download)

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Book Synopsis Merger Control Review by : Ilene Knable Gotts

Download or read book Merger Control Review written by Ilene Knable Gotts and published by Law Business Research Ltd.. This book was released on 2017-09-20 with total page 871 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Merger Control Review, edited by Ilene Knable Gotts of Wachtell, Lipton, Rosen & Katz, provides an overview of the process in 38 jurisdictions, as well as a discussion of recent decisions, strategic considerations and likely upcoming developments in Merger Control. Given the ability of most competition agencies with pre-merger notification laws to delay, and even block, a transaction, it is imperative to take each jurisdiction - small or large, new or mature - seriously. It is, therefore, imperative that counsel for such a transaction develops a comprehensive plan prior to, or immediately upon, execution of an agreement concerning where and when to file notification with competition authorities regarding such a transaction. The intended readership of this book comprises both in-house and outside counsel who may be involved in the competition review of cross-border transactions. In our endeavour to keep our readers well informed, we have expanded the jurisdictions covered by this book to include the newer regimes as well with several special chapters covering US, EU and Chinese Merger Control in Media and Pharmaceutical sectors. Contributors include: Susan Ning, King & Wood Mallesons; James Langenfeld, Navigant; Goenenc Guerkaynak, ELIG; Mr Jordan Ellison, Slaughter and May."e;Each country section provides an informative overview of recent and expected enforcement trends... A very useful book!"e; - Jean-Yves Art, Associate General Counsel, Microsoft, Belgium

Merger Control in Europe

Author : Ioannis Kokkoris
Publisher : Routledge
ISBN 13 : 1136936289
Total Pages : 391 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Merger Control in Europe by : Ioannis Kokkoris

Download or read book Merger Control in Europe written by Ioannis Kokkoris and published by Routledge. This book was released on 2010-09-13 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the phenomenon of mergers that may result in non-coordinated effects in oligopolistic markets. Such cases are sometimes referred to as "non-collusive oligopolies", or "gap cases" and there is a concern that they might not be covered by the substantive test that some Member States use for merger assessment. Ioannis Kokkoris examines the argument that the European Community Merger Regulation (Regulation 4064/89) did not capture gap cases and considers the extent to which the revised substantive test in Regulation 139/2004 deals with the problem of non-collusive oligopolies. The author identifies actual examples of mergers that gave rise to a problem of non-coordinated effects in oligopolistic markets, both in the EU and in other jurisdictions, and analyses the way in which these cases were dealt with in practice. The book considers legal systems such as United Kingdom, United States, Australia and New Zealand. The book investigates whether there is any difference in the assessment of non-collusive oligopolies between the various substantive tests which have been adopted for merger assessment in various jurisdictions. The book also looks at the various methodological tools available to assist competition authorities and the professional advisers of merging firms to identify whether a particular merger might give rise to anticompetitive effects and explores the type of market structure in which a merger is likely to lead to non-coordinated effects in oligopolistic markets.

EU Competition Law Volume II: Mergers and Acquisitions

Author : Jones, Christopher
Publisher : Edward Elgar Publishing
ISBN 13 : 180220346X
Total Pages : 1680 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis EU Competition Law Volume II: Mergers and Acquisitions by : Jones, Christopher

Download or read book EU Competition Law Volume II: Mergers and Acquisitions written by Jones, Christopher and published by Edward Elgar Publishing. This book was released on 2021-12-14 with total page 1680 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Antitrust Goes Global

Author : Simon J. Evenett
Publisher : Brookings Institution Press
ISBN 13 : 9780815725015
Total Pages : 228 pages
Book Rating : 4.7/5 (25 download)

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Book Synopsis Antitrust Goes Global by : Simon J. Evenett

Download or read book Antitrust Goes Global written by Simon J. Evenett and published by Brookings Institution Press. This book was released on 2000 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the future of transatlantic co-operation in the context of antitrust policies towards cartels, mergers and acquisitions, and vertical restraints. Experts elucidate the changing nature of antitrust enforcement, emphasizing future multilateral and bilateral developments.

The Evolution of European Competition Law

Author : Hanns Ullrich
Publisher : Edward Elgar Publishing
ISBN 13 : 1847201865
Total Pages : 379 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis The Evolution of European Competition Law by : Hanns Ullrich

Download or read book The Evolution of European Competition Law written by Hanns Ullrich and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Ullrich is thoughtful and attracted star scholars from many countries, so the papers and discussion are provocative and introduce recent economic thinking, although many are written by lawyers. . . The text is lucid and interesting, the thought innovative and anyone seriously interested in competition policy should read these papers and the comments with pleasure. Valentine Korah, World Competition This collection of papers and comments deserves to be widely read, and it should appeal to academics and practitioners alike. The great mix of topics and the variety of views offered make this a very stimulating contribution to the discussion of the new paradigm of EC competition law, the more economic approach, and its implications for the application and interpretation of the various EU antitrust rules. Thomas Eilmansberger, European Law Journal The editor should be congratulated for bringing together this diverse group of scholars whose spirited disagreements remind one of the many challenges faced in exploring the role and function of competition law. Giorgio Monti, European Review of Contract Law With contributions from leading scholars from all over Europe and the US, this book covers the major areas of substantive competition law from an evolutionary perspective. The leitmotiv of the book has been to assess the dividing line between safeguarding and regulating competition, which it does by reviewing the following subjects: foundations of competition policy in the EU and the US strategic competition policy the evolution of European competition law from a national (Italian) perspective the block exemption of vertical agreements after four years the new Technology Transfer Block Exemption cooperative networking mergers in the media sector abuse of market power concepts of competition in sector specific regulation competition, regulation and systems coherence efficiency claims in EU competition law and sector specific regulation. The Evolution of European Competition Law will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.

Law and Economics in European Merger Control

Author : Ulrich Schwalbe
Publisher : Oxford University Press
ISBN 13 : 0199571813
Total Pages : 477 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Law and Economics in European Merger Control by : Ulrich Schwalbe

Download or read book Law and Economics in European Merger Control written by Ulrich Schwalbe and published by Oxford University Press. This book was released on 2009-10 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-written by an expert lawyer and economist, this book provides a thorough guide to the economic theory behind the regulation of mergers. The economic theory is then used to analyse the current state of European competition law, and test the success of the European Commission's search for a 'more economic approach' to merger regulation.

Public Interest Considerations in US Merger Control

Author : Ioannis Kokkoris
Publisher : Oxford University Press, USA
ISBN 13 : 9780192864451
Total Pages : 0 pages
Book Rating : 4.8/5 (644 download)

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Book Synopsis Public Interest Considerations in US Merger Control by : Ioannis Kokkoris

Download or read book Public Interest Considerations in US Merger Control written by Ioannis Kokkoris and published by Oxford University Press, USA. This book was released on 2023-08-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Interest Considerations in US Merger Control: An Assessment of National Security and Sectoral Regulators offers a detailed study of the enforcement goals and regulatory framework of merger control assessment in the US. Assessment approaches vary considerably across sectors and Kokkoris explores the different approaches adopted by a range of US regulatory authorities, including the Committee on Foreign Investment in the United States, the Federal Communications Commission, the Department of Transportation, and the Board of Governors of the Federal Reserve System. Kokkoris argues that US merger assessments can be convoluted as transactions can be assessed under a public interest test by one sectoral authority and under a competition test by the Federal Trade Commission or the Department of Justice. These overlapping approaches can lead to contradictory outcomes, resulting in ineffective competitive dynamics in the sectoral market. The book focuses on the composition, legislation, and the relevant public interest considerations of each regulatory authority and presents seminal cases that illustrate the different enforcement approaches as well as the possible discrepancies between competition law-based assessments and national security or public interest-based assessments. Distilling all these considerations, Public Interest Considerations in Merger Control suggests that the application of the varying shades of the public interest standard can result in a complex and inefficient merger review process and recommends new ways to address these inefficiencies.

Merger Control Worldwide

Author : Maher M. Dabbah
Publisher : Cambridge University Press
ISBN 13 : 1316139034
Total Pages : 2586 pages
Book Rating : 4.3/5 (161 download)

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Book Synopsis Merger Control Worldwide by : Maher M. Dabbah

Download or read book Merger Control Worldwide written by Maher M. Dabbah and published by Cambridge University Press. This book was released on 2012-05-31 with total page 2586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merger control has emerged as a growing area of competition law within the last decade. Merger operations can impact on a number of jurisdictions and may require regulatory notification and approval in more than one. Merger Control Worldwide provides practitioners and policy-makers with a clear point of reference that will prove invaluable when making decisions and delivering sound and accurate advice in merger cases. The chapters set out the details of every jurisdiction where a mechanism for merger control is in place and make use of flowcharts and diagrams to provide a concise and practical account of the relevant law in each jurisdiction.