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Author :
Publisher :
ISBN 13 : 9781904673354
Total Pages : 63 pages
Book Rating : 4.6/5 (733 download)
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:
Author : Dimitris Liakopoulos
Publisher : GRIN Verlag
ISBN 13 : 3668599114
Total Pages : 389 pages
Book Rating : 4.6/5 (685 download)
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.
Author : Gordon Blanke
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127607
Total Pages : 1052 pages
Book Rating : 4.0/5 (411 download)
Download or read book EU and US Antitrust Arbitration written by Gordon Blanke and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 1052 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.
Author : Abel Moreira Mateus
Publisher : Edward Elgar Publishing
ISBN 13 : 1849807035
Total Pages : 457 pages
Book Rating : 4.8/5 (498 download)
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.
Author : François Lévêque
Publisher : Edward Elgar Publishing
ISBN 13 : 9781781957646
Total Pages : 240 pages
Book Rating : 4.9/5 (576 download)
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.
Author : Marilena Filippelli
Publisher : Edward Elgar Publishing
ISBN 13 : 1781956057
Total Pages : 363 pages
Book Rating : 4.7/5 (819 download)
Download or read book Collective Dominance and Collusion written by Marilena Filippelli and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the issue of collusion in EU and US competition law, this book suggests possible strategies for improving the antitrust enforcement against parallelism, by exploiting the most advanced achievements of economic analysis. The book contains a suggested approach to collusion, in ex ante and ex post perspectives. By moving from the analysis of the state of art, in terms of law, case law, and scholarship, Marilena Filippelli analyses inconsistencies and failures in the current antitrust enforcement toward collusion and develops a workable parameter for the issue of collective dominance. The most innovative part of this work goes beyond the analysis itself of collective dominance and involves the interference of arts. 101 and 102. The conclusion is a re-definition of the relationship between those rulesÑfrom dichotomy to redundancy. Finally, the book highlights the antitrust significance of semi-collusion, as a strategy made of collusion and competition. The author considers economic models equaling, as for the effects, collusion and semi-collusion and the case law supporting the qualification of semi-collusion as a species of collusion. The analysis involves both US and EU systems, under the highly topical economic-oriented approach. It also contains an original view of European antitrust prohibitions. Because of its contents and its approach, this book will be attractive to every academic interested in antitrust law. Moreover, the well-documented research on parallelism, involving law, case law and scholarship, makes this book interesting also for competition authorities and antitrust lawyers.
Author : A. Nigel Parr
Publisher : Sweet & Maxwell
ISBN 13 : 9780421861008
Total Pages : 970 pages
Book Rating : 4.8/5 (61 download)
Download or read book UK Merger Control written by A. Nigel Parr and published by Sweet & Maxwell. This book was released on 2005 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this book provides a definitive statement of the law relating to UK merger control following the wide-ranging changes to the merger control system being introduced by the Enterprise Act, during the second half of 2003
Author : Eugène Buttigieg
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131191
Total Pages : 446 pages
Book Rating : 4.0/5 (411 download)
Download or read book Competition Law written by Eugène Buttigieg and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although it is commonly assumed that consumers benefit from the application of competition law, this is not necessarily always the case. Economic efficiency is paramount; thus, competition law in Europe and antitrust law in the United States are designed primarily to protect business competitors (and in Europe to promote market integration), and it is only incidentally that such law may also serve to protect consumers. That is the essential starting point of this penetrating critique. The author explores the extent to which US antitrust law and EC competition law adequately safeguard consumer interests. Specifically, he shows how the two jurisdictions have gone about evaluating collusive practices, abusive conduct by dominant firms and merger activity, and how the policies thus formed have impacted upon the promotion of consumer interests. He argues that unless consumer interests are directly and specifically addressed in the assessment process, maximization of consumer welfare is not sufficiently achieved. Using rigorous analysis he develops legal arguments that can accomplish such goals as the following: replace the economic theory of 'consumer welfare' with a principle of consumer well-being; build consumer benefits into specific areas of competition policy; assess competition cases so that income distribution effects are more beneficial to consumers; and control mergers in such a way that efficiencies are passed directly to consumers. The author argues that, in the last analysis, the promotion of consumer well-being should be the sole or at least the primary goal of any antitrust regime. Lawyers and scholars interested in the application and development and reform of competition law and policy will welcome this book. They will find not only a fresh approach to interpretation and practice in their field - comparing and contrasting two major systems of competition law - but also an extremely lucid analysis of the various economic arguments used to highlight the consumer welfare enhancing or welfare reducing effects of business practices.
Author : Edurne Navarro Varona
Publisher :
ISBN 13 : 0199276056
Total Pages : 65 pages
Book Rating : 4.1/5 (992 download)
Download or read book Merger Control in the European Union written by Edurne Navarro Varona and published by . This book was released on 2005 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition provides an exhaustive analysis of the European Community rules relating to merger control, including the new EC Merger Regulation 139/2004 of 20 January 2004 which entered into force on 1 May 2004 and the latest interpretive notices adopted by the European Commission. The book draws upon the authors' detailed and practical knowledge of the subject as officials at DG Competition and practitioners specialising in this field, and will be updated through a companion website.
Author : Ilene Knable Gotts
Publisher :
ISBN 13 : 9781804490952
Total Pages : 0 pages
Book Rating : 4.4/5 (99 download)
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:
Author : David J. Laing
Publisher : Cameron May
ISBN 13 : 1905017502
Total Pages : 628 pages
Book Rating : 4.9/5 (5 download)
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:
Author : Mark R. Joelson
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041191089
Total Pages : 576 pages
Book Rating : 4.0/5 (411 download)
Download or read book An International Antitrust Primer written by Mark R. Joelson and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the continuing inter-government cooperation over the regulation of international commerce, significant cross-country differences persist in areas such as merger control, notification to authorities, and remedies deemed appropriate for antitrust enforcement. Accordingly, companies must be aware of the rules that apply in the countries in which they do business. This fourth edition of the Kintner-Joelson classic International Antitrust Primerprovides a thorough update of the status of competition regulation in a number of key jurisdictions, including up-to-date case law involving the technology giants Google, Microsoft, Amazon, Apple, and Facebook. Coverage focuses on the European Union and the United States — which continue to be foremost in the enforcement and refinement of comprehensive competition laws — but also takes into account the vast strides that are being made elsewhere, with chapters on South Korea, Japan, and India, as well as a chapter on the United Kingdom with a section on the post-Brexit implications. The book provides essential guidance on such issues of concern to business persons and their counsel as the following: • intellectual property rights; • extent and kind of criminal sanctions; • extraterritorial reach; • mergers and acquisitions; • level and type of enforcement activity; • effects of national foreign or domestic policy; • permissible cooperation among competitors; and • public procurement. Business persons, government officials, students, lawyers, and others who have been relying on this preeminent resource for years will greatly appreciate this thoroughly updated edition. There is nothing else that so lucidly and helpfully explains competition law for those who require a working knowledge of the subject to proceed confidently in their day-to-day work.
Author : Charles Smitherman
Publisher : Cameron May
ISBN 13 : 1905017456
Total Pages : 406 pages
Book Rating : 4.9/5 (5 download)
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.
Author : Alexandr Svetlicinii
Publisher :
ISBN 13 :
Total Pages : 11 pages
Book Rating : 4.:/5 (129 download)
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.
Author : Kalpana Tyagi
Publisher : Springer
ISBN 13 : 366258784X
Total Pages : 341 pages
Book Rating : 4.6/5 (625 download)
Download or read book Promoting Competition in Innovation Through Merger Control in the ICT Sector written by Kalpana Tyagi and published by Springer. This book was released on 2019-06-21 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of how competition authorities assess mergers in the Information Communication Technology (ICT) sector so as to promote competition in innovation. A closer look at the question reveals that it is far more complex and difficult to answer for the ICT, telecommunications and multi-sided platform (MSP) economy than for more traditional sectors of the economy. This has led many scholars to re-think and question whether the current merger control framework is suitable for the ICT sector, which is often also referred to as the new economy. The book pursues an interdisciplinary approach combining insights from law, economics and corporate strategy. Further, it has a comparative dimension, as it discusses the practices of the US, the EU and, wherever relevant, of other competition authorities from around the globe. Considering that the research was conducted in the EU, the practices of the European Commission remain a key aspect of the content.Considering its normative dimension, the book concentrates on the substantive aspects of merger control. To facilitate a better understanding of the most important points, the book also offers a brief overview of the procedural aspects of merger control in the EU, the US and the UK, and discusses recent amendments to Austrian and German law regarding the notification threshold. Given its scope, the book offers an invaluable guide for competition law scholars, practitioners in the field, and competition authorities worldwide.
Author : Mohammad Bedier
Publisher : Edward Elgar Publishing
ISBN 13 : 1788110897
Total Pages : 400 pages
Book Rating : 4.7/5 (881 download)
Download or read book Cross-Border Mergers and Acquisitions written by Mohammad Bedier and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the reader with an overview of the origin of corporations and the history of mergers and acquisitions. It demystifies the dynamics of mergers and identifies the unique impediments facing cross-border mergers and acquisitions, with great attention to the pre-merger control laws and regulations, in several regions (US, EU, and Middle East). Most importantly, it discusses and assesses merger deregulation and other key reforming proposals.
Author : Eleanor M. Fox
Publisher : Edward Elgar Publishing
ISBN 13 : 1786430843
Total Pages : 392 pages
Book Rating : 4.7/5 (864 download)
Download or read book EU Competition Law written by Eleanor M. Fox and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and concise textbook presents EU competition law in political, economic and comparative context. It combines excerpts from key EU rulings with discussions of enforcement policy issues and comparisons with US antitrust cases. Untangling the complex set of factors driving individual outcomes, it is the perfect companion for any student or practitioner in the field.
