Merger Control Regimes in Emerging Economies

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041134026
Total Pages : 442 pages
Book Rating : 4.0/5 (411 download)

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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.

Competition Authorities in South Eastern Europe

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Author :
Publisher : Springer
ISBN 13 : 3319766449
Total Pages : 227 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Competition Authorities in South Eastern Europe by : Boris Begović

Download or read book Competition Authorities in South Eastern Europe written by Boris Begović and published by Springer. This book was released on 2018-07-20 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike.

Merger Control in Developed and Emerging Economies

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Publisher :
ISBN 13 :
Total Pages : 361 pages
Book Rating : 4.:/5 (15 download)

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Book Synopsis Merger Control in Developed and Emerging Economies by : Ahmed M. Hesham Elaiat

Download or read book Merger Control in Developed and Emerging Economies written by Ahmed M. Hesham Elaiat and published by . This book was released on 2016 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Competition Law and Regional Economic Integration

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Publisher : World Bank Publications
ISBN 13 : 9780821358924
Total Pages : 110 pages
Book Rating : 4.3/5 (589 download)

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Book Synopsis Competition Law and Regional Economic Integration by : Damien Geradin

Download or read book Competition Law and Regional Economic Integration written by Damien Geradin and published by World Bank Publications. This book was released on 2004 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Globalization and the Limits of National Merger Control Laws

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041119965
Total Pages : 402 pages
Book Rating : 4.0/5 (411 download)

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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." --

Merger Control Review

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Author :
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

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041120564
Total Pages : 459 pages
Book Rating : 4.0/5 (411 download)

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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.

Law and Economics in European Merger Control

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Author :
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.

Merger Control in Post-Communist Countries

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Publisher : Routledge
ISBN 13 : 1136896384
Total Pages : 367 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis Merger Control in Post-Communist Countries by : Jurgita Malinauskaite

Download or read book Merger Control in Post-Communist Countries written by Jurgita Malinauskaite and published by Routledge. This book was released on 2010-11-01 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical analysis of merger control regimes in the former socialist countries with small market economies, looking at the unique challenges facing these economies. Questions will be asked as to what extent these countries have had to follow dictation from the EU and whether this implementation of EU merger control rules has been justified from the point of view of these countries' economic situations. The book will analyse the merger control regimes in Estonia, Latvia and Lithuania, Slovenia and Slovakia. However, reference will be made to other small market economies of the EU including Cyprus, Ireland, Luxembourg and Malta in order to evaluate the particular difficulties the former socialist countries with small market economies have had in the implementation and further development of merger control rules.

Chinese Merger Control Law

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Author :
Publisher : Springer
ISBN 13 : 9783662525760
Total Pages : 0 pages
Book Rating : 4.5/5 (257 download)

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Book Synopsis Chinese Merger Control Law by : Tingting Weinreich-Zhao

Download or read book Chinese Merger Control Law written by Tingting Weinreich-Zhao and published by Springer. This book was released on 2016-08-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 1 August 2008 the Chinese Anti-Monopoly Law entered into force, introducing a comprehensive framework for competition law to the Chinese market. One set of the new rules pertains to merger control. China’s Ministry of Commerce (MOFCOM) was nominated as the authority responsible for enforcing merger control in China and has been actively doing so ever since. Recent years have established China as one of the most important merger filing jurisdictions for cross-border mergers alongside the EU and USA. This work evaluates the Chinese merger control law regime and MOFCOM’s decision-making practice after more than five years of application. In particular, it assesses which policy goals (competition policy goals or industrial policy considerations) prevail in the written law and its application and provides suggestions for a further improvement of the law – with the aim to develop a transparent merger control regime that promotes long-term economic growth in China.

RETRACTED, The Regulation of Transnational Mergers in International and European Law

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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.

Cross-Border Merger Control

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (84 download)

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Book Synopsis Cross-Border Merger Control by :

Download or read book Cross-Border Merger Control written by and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

EC Merger Control

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Publisher : Oxford University Press on Demand
ISBN 13 : 9781904501077
Total Pages : 369 pages
Book Rating : 4.5/5 (1 download)

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Book Synopsis EC Merger Control by : Götz Drauz

Download or read book EC Merger Control written by Götz Drauz and published by Oxford University Press on Demand. This book was released on 2003 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Commission adopted a comprehensive package of reforms to the EU merger control regime in conjunction with the accession of the new Member States in 2004. This constituted the most radical reform of the regime since the previous Merger Regulation was adopted in 1989, aimed at better adapting it to a globalizing market and enlarging an increasingly integrated European Union. The extensive reform to the regulation has provoked significant questions about the way in which the Commission treats major merger evaluations. EC Merger Control provides a comprehensive and insightful account of the many important procedural and substantive aspects of the reform process, with contributions from eminent specialists in the field of mergers, including lawyers, economists, and representatives of the European Commission, Court of First Instance, US Department of Justice, the World Bank and several competition authorities. The papers in this book are based on the proceedings of the 2002 EC Merger Control conference - organised jointly by the European Commission and the International Bar Association.

Behavioural Economics and the EU Merger Control Regime

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Publisher :
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Behavioural Economics and the EU Merger Control Regime by : Michele Giannino

Download or read book Behavioural Economics and the EU Merger Control Regime written by Michele Giannino and published by . This book was released on 2014 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academics and competition enforces advocated the idea to use behavioural economics to apply competition law. The believe that the so-called behavioural antitrust should provide for a more accurate understanding of the conducts of economic operators. It is however unsettled whether behavioural antitrust may have a role in merger control. This paper deals with the question whether behavioural economics can play an effective role in EU merger control and how it can be possibly incorporated into it. It can be argued that the European Commission already takes into consideration the concerns voiced by behavioural economists about the biases of consumers and undertakings. Therefore, at this stage of development the role behavioural antitrust may have in the context of the EU merger control seems to be still quite limited.

Public Interest Considerations in European Merger Control Regimes

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (115 download)

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Book Synopsis Public Interest Considerations in European Merger Control Regimes by : Oliver Budzinski

Download or read book Public Interest Considerations in European Merger Control Regimes written by Oliver Budzinski and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Nowadays, merger control predominantly relies upon a strict analysis of the effects from merger and acquisitions on effective competition. However, there is scope for so-called public interest considerations in several European merger control regimes and recently a number of European politicians have called for more elbowroom for non-competition-oriented interventions into merger control. For instance, they did so in the context of the prohibition of the Siemens-Alstommerger and the upcoming industrial policy discussion about European Champions. Since the social welfare effects of competitive markets present an important public interest in itself, additional public interest considerations justifying an intervention need to be non-market in the sense that these goals stand in conflict with competition. However, a trade-off between effective competition and public interest, i.e. public interests that are better served through market power then through effective competition, is a rare phenomenon. This paper gives an overview of public interest considerations in the merger policy of European Union member states and analyzes four jurisdictions in more detail. We find that the institutional designs how public interests considerations are included in the merger control regimes lack focus on non-market public interest considerations across the analyzed jurisdictions. Furthermore, there are relevant shortcomings regarding transparency and legal certainty. Moreover, our ex-pots analysis shows that the empirical record of past public interest-motivated interventions is questionable with only few interventions yielding the desired effects. Therefore, we suggest revising the public interest regulations in the respective merger control regulations by narrowing their focus to real non-market public interests and by levying decision power on less politicallyinfluenced bodies.

The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets

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Publisher : Springer
ISBN 13 : 366255318X
Total Pages : 405 pages
Book Rating : 4.6/5 (625 download)

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Book Synopsis The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets by : Rachel Alemu

Download or read book The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets written by Rachel Alemu and published by Springer. This book was released on 2018-02-02 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector. Using Uganda as a case study, it analyses the relevant provisions of the law governing competition in the telecommunications sector, and presents three key findings: Firstly, while there is comprehensive legislation on interconnection and spectrum management, inefficient enforcement of the legislation has perpetuated concerns surrounding spectrum scarcity and interconnection. Secondly, the legislative framework governing anti-competitive behaviour, though in line with the established principles of competition law, is not sufficient. Specifically, the framework is not equipped to govern the conduct of multinational telecommunications groups that have a strong presence in the telecommunications sector. Major factors hampering efficient competition regulation include Uganda’s sole reliance on sector-specific competition rules, restricted available remedies, and a regulator with limited experience of enforcing competition legislation. The weaknesses in the framework strongly suggest the need to adopt an economy-wide competition law. Lastly, wireless technology is the main means through which the population in Uganda accesses telecommunications services. Greater emphasis should be placed on regulating conduct in the wireless communications markets.

Challenges to Assumptions in Competition Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781839109065
Total Pages : 288 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Challenges to Assumptions in Competition Law by : David Bosco

Download or read book Challenges to Assumptions in Competition Law written by David Bosco and published by Edward Elgar Publishing. This book was released on 2021-04-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book addresses the contemporary complexities within competition law, questioning whether the founding principles of competition law still hold true today. It explores three main present-day challenges for competition law: the impact of the digital economy and innovative sectors, the challenges facing emerging countries, and current institutional issues. Written in a clear and concise way, with an emphasis on current trends and practices, this book explores recurring key questions such as what are the impacts of the economic characteristics of a market on legal assumptions and the limits of antitrust. Chapters address topics such as merger control regimes, the creation of specialised competition tribunals, and competition clauses in trade agreements. Challenges to Assumptions in Competition Law takes a fresh look at these important issues for competition law in the digital age, incorporating insights from China, Latin America, Europe and the US. This insightful book will be a useful resource for academics and researchers in competition and commercial law, whilst also providing an informative foundation for lawyers and economists working in the field.