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Globalization And The Limits Of National Merger Control Laws
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Book Synopsis Globalization and the Limits of National Merger Control Laws by : Joseph Wilson
Download or read book Globalization and the Limits of National Merger Control Laws written by Joseph Wilson and published by Kluwer Law International B.V.. This book was released on 2003-02-01 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The proliferation of merger control laws, in the absence of a mechanism to coordinate the transnational merger review, places an unnecessary burden on merging parties, and runs the risk of divergent outcomes, which at times cause friction among nation-states." --
Book Synopsis Globalization & the Limits of National Merger Control Laws 2e by : Wilson
Download or read book Globalization & the Limits of National Merger Control Laws 2e written by Wilson and published by . This book was released on 2011-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Globalization and the Limits of National Merger Control Laws by : Joseph Wilson
Download or read book Globalization and the Limits of National Merger Control Laws written by Joseph Wilson and published by . This book was released on 2004 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Global Merger Control Manual by : David J. Laing
Download or read book Global Merger Control Manual written by David J. Laing and published by Cameron May. This book was released on 2007 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Merger Control Regimes in Emerging Economies by : Marco Botta
Download or read book Merger Control Regimes in Emerging Economies written by Marco Botta and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: When emerging economies draft competition law and begin to enforce it, they usually draw on the EU and US competition law systems. However, significant country-specific legal and practical variations tend to arise quickly, making it imperative for international business lawyers to acquire more than a passing knowledge of competition legislation and relevant case law in these countries. Now for the first time a thoroughly researched book provides an in-depth empirical analysis of the legal problems raised for competition, and especially for merger control and its enforcement, in emerging economies, using a case study approach in the Brazilian and Argentinean contexts to reveal paradigmatic trends. Brazil and Argentina are chosen not only because they are among the major trading jurisdictions in the developing world, but also because they have each established a track record of over a decade in formulating and enforcing a system of merger control. The author describes and analyses all Brazilian and Argentinean legislation in the field of competition law, as well as the main merger decisions adopted by the competition authorities and the judgements held by the courts of these countries. The book thoroughly covers the system of competition law currently enforced in each country, as well as the main innovations of proposed new competition law currently pending in Brazil. In addition, the author draws on field interviews with competition lawyers and officers of competition authorities conducted between April and July 2008 in Buenos Aires, Brasilia, and São Paulo. The analysis considers such issues as the following: y impact of M & As on the level of competition in the markets of developing countries; y enforcement of competition law and the judiciary; y criteria for notification of economic concentrations; y application of econometric tests to define the relevant market and the degree of market concentration.
Book Synopsis EC Merger Control Regulation by : Mihalis Kekelekis
Download or read book EC Merger Control Regulation written by Mihalis Kekelekis and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here for the first time is an in-depth analysis of the rights of notifying parties and third parties in merger proceedings, as reflected in the administrative practice of the Commission and the case law of the Community courts.
Book Synopsis International Merger Policy by : Julie Clarke
Download or read book International Merger Policy written by Julie Clarke and published by Edward Elgar Publishing. This book was released on 2014-04-25 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Merger Policy offers a compelling comparative assessment of domestic and regional merger laws and procedures. Identifying important areas of convergence and emerging best practice, it considers existing levels of international cooperation
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 2010-07-20 with total page 448 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 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 The Regulation of Transnational Mergers in International and European Law by : Dimitris Liakopoulos
Download or read book 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.
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 528 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.
Book Synopsis Merger Control in Europe by : Nauta Dutilh
Download or read book Merger Control in Europe written by Nauta Dutilh and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. edition of : "Merger control in the EU," edited by Peter Verloop, 3rd rev. ed., 1999.
Download or read book Competition Law written by Richard Whish and published by Oxford University Press, USA. This book was released on 2012-01-12 with total page 1089 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors describes the potential scope and application of the various legal provisions which regulate competition in the UK. This book also examines the results of the convergence of UK and EC law with regard to competition in business.
Book Synopsis Day-to-Day Competition Law by : Patrick Hubert
Download or read book Day-to-Day Competition Law written by Patrick Hubert and published by Primento. This book was released on 2014-06-05 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Companies today must consider and comply with competition law in their daily business management. The financial and reputational risks for breaching such rules are severe and the success of many merger and acquisition projects depends very much on it. While competition law rules become increasingly sophisticated, business people are still expected to comply with it. Rather than giving a theoretical approach that can be found in a typical practitioner’s book or textbook, «Day-to-Day competition law: a practical guide for businesses» is genuinely a practical book. The interaction between theory and practice is the main feature of the book. Major competition law issues are explained in a jargon-free manner and summarized in a nutshell at the end of each chapter. Not only will the reader gain an understanding of competition law rules, but also will gain a better understanding on how a company can behave and what to do if it is subject to an investigation by the competition authorities. This practical guidance may serve as a platform for designing internal in-house rules governing behaviour in relation to competition law, and may also trigger a revision of such rules in light of some of the issues raised by the authors. While a particular focus is drawn on the EU – as the EU competition law system is replicated in a large number of countries around the world – reference to differing rules and other key jurisdictions such as the United States is also made. This book is written to appeal to business people, as well as non-specialized in-house lawyers, and all those who wish to understand competition law in a clear and practical way. The authors’ experience in the field of competition law ranges from leading investigations on behalf of competition authorities to applying competition law in a major global company in its daily activities, and advising multinational clients of one of the world’s leading law firms. It is this professional insight which provides the reader with an invaluable inside view of all aspects of competition law, from the way authorities think to the impacts competition law has on businesses.
Book Synopsis Financial Market Infrastructure and Economic Integration by : George A Papaconstantinou
Download or read book Financial Market Infrastructure and Economic Integration written by George A Papaconstantinou and published by Bloomsbury Publishing. This book was released on 2024-01-25 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive study of the interplay between the cutting-edge regulation of financial infrastructure and international economic integration. It tackles a series of important questions: How does the regulation of central counterparties interact with international economic law? Is the WTO able to deal with the regulatory diversity of each country's financial rulebook? Do FTAs foster deeper integration of financial infrastructure services? Can competition law effectively tackle monopolisation and anti-competitive conduct in financial infrastructure? The book discusses how the liberalisation of financial market infrastructure is achieved within the most prominent international economic integration settings: the WTO, Economic Integration Agreements, and EU competition law. It explores whether a more harmonious relationship between financial regulation and economic integration is feasible, and how it can be achieved. The book demonstrates the existence of both structural barriers to trade and trade-facilitating tools that can impede and foster the further integration of financial market infrastructure. Measuring the depth of liberalisation of financial market infrastructure services in more than 120 FTAs, as well as surveying recent case law of the WTO, the Court of Justice of the European Union, and the practice of the European Commission, the book shows how the economic integration of financial market infrastructure occurs. An essential read for those seeking to understand how the cutting-edge regulation of financial market infrastructure and transnational systems of economic integration interact with one another.
Book Synopsis Liner Shipping and EU Competition Law by : Alla Pozdnakova
Download or read book Liner Shipping and EU Competition Law written by Alla Pozdnakova and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: As of October 2008, liner shipping companies lose their privileged status under EU competition law due to withdrawal of the liner conference block exemption, which generously authorized horizontal price-fixing and similar agreements between liner shipping companies. Where the liner consortia block exemption does not apply, all cooperative activity should be carefully and individually assessed under the competition provisions of the EC Treaty. Alla Pozdnakova has taken this opportunity to research and write an in-depth study of competition law problems in the liner shipping context. Her analysis is not only the first to examine the new European regime, and thus the most up-to-date study of the subject; it is in fact the first major independent study of how Articles 81 and 82 EC are construed and applied to the market conduct of liner shipping companies. In particular, the author addresses the following legal questions: * Does cooperation between liner shipping companies infringe Article 81(1) even if it does not entail hard-core restrictions of competition? * Can a cooperative arrangement between liner shipping companies claim that the efficiencies they produce outweigh the negative impact on competition (Article 81(3))? * When do certain market strategies of liner carriers become an abuse of a collective or individual dominant position (Article 82)? * Does parallel pricing behaviour infringe EC Treaty competition rules? Systematically, the author considers various market strategies of liner shipping companies and tests them as to their compatibility with EC Treaty competition provisions. In doing so, she thoroughly analyses European Commission decisions and judgments of the European courts, applying them authoritatively to the liner shipping sector. In this way, her book provides a well-structured account that clearly identifies the legal issues that liner shipping companies are likely to face once the special treatment traditionally allowed them is withdrawn. A summary of current and prospective developments in EU competition regulation and policy in liner shipping rounds up the analysis. Liner Shipping and EU Competition Law will be a unique and powerful resource for practitioners and policymakers as liner shipping companies restructure their agreements and market strategies to accommodate loss of the block exemption. It is also sure to become a definitive analysis of the legal identity of the liner shipping market sector under European competition law.
Book Synopsis International Conflict Resolution by : Stefan Voigt
Download or read book International Conflict Resolution written by Stefan Voigt and published by Mohr Siebeck. This book was released on 2006 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increased international interdependence - globalization - has also greatly increased the potential for international conflict in various areas such as trade, competition, the environment, and human rights. Observers have counted up to 40 international courts that serve to settle such conflicts. What are adequate criteria to measure the effectiveness of international courts? What factors explain the differences in their success? What factors explain the differences of nation-state governments in delegating competence to international courts in the first place? Should there be any additional courts? This volume assembles ten papers and comments that contain first steps in answering these questions. Their authors are legal scholars and economists, but also political scientists and philosophers. With this volume the Jahrbuch fur Neue Politische Okonomie has changed its title to Conferences on New Political Economy.
