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Merger Decisions And The Rules Of Procedure Of The European Community Courts
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Book Synopsis Merger Decisions and the Rules of Procedure of the European Community Courts by : George Cumming
Download or read book Merger Decisions and the Rules of Procedure of the European Community Courts written by George Cumming and published by Kluwer Law International B.V.. This book was released on 2011-11-22 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 340 TFEU, which provides a method of compensation for victims of the Commission’s errors, is invoked as the basis for actions against Commission decisions under the Merger Control Regulation. Accordingly, the rules of procedure of the Community Courts come into play. This probing analysis asks the important questions: What limits can be imposed on the discretion of the Community Courts acting within their own rules of procedure? Is the manner in which the Court of Justice interprets those rules sufficient? Focusing on the crucial Court responsibilities of investigating facts and assessing economic damage in relation to the type of non-contractual liability apparent in antitrust cases, the author convincingly demonstrates that the scope for ‘case management’ by the Courts is strictly limited, and may engender information or evidentiary deficits that contravene ECHR Art 6.1 as well as the principles of effective judicial protection and rectitude of decision. A claim for compensation pursuant to Art 340 TFEU may be struck merely because the basic elements of the cause of action cannot be established to a minimal level.
Book Synopsis Merger Control in the European Union by : Edurne Navarro Varona
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.
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
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.
Book Synopsis Directory of EU Case Law on Merger Control by : Steven Noë
Download or read book Directory of EU Case Law on Merger Control written by Steven Noë and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lists of Cases --General --The Scope of Application of the Merger Regulation --General Principles for the Appraisal of Concentrations under Article 2 --Anticompetitive Effects of Concentrations: Non-coordinated Effects --Anticompetitive Effects of Concentrations: Coordinated Effects --Countervailing Factors --Commitments --Procedure before the Commission --The Duty to State Reasons in the Decision --Action for Annulment --Action for Damages --Specific Procedural Issues in Court Proceedings --Results of Court Actions.
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:
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.
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.
Book Synopsis Remedies in EU Competition Law by : Damien Gerard
Download or read book Remedies in EU Competition Law written by Damien Gerard and published by Kluwer Law International B.V.. This book was released on 2020-07-10 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.
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 EU Competition Procedure by : Luis Ortiz Blanco
Download or read book EU Competition Procedure written by Luis Ortiz Blanco and published by . This book was released on 2013 with total page 3802 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mergers and Acquisitions by : Jonathan Galloway
Download or read book Mergers and Acquisitions written by Jonathan Galloway and published by Routledge. This book was released on 2017-03-02 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mergers and acquisitions occur for many legitimate reasons and should be encouraged as a matter of general policy, yet the resulting increase in the level of market concentration and market strength can lead to concerns that certain ’deals’ may irreparably damage the market structure and create anti-competitive effects. This volume explores the competition concerns arising out of mergers and acquisitions, the reasons for merger control and the fundamental options that face all jurisdictions intent on implementing an effective merger control regime. The volume acts as a guide through the development of merger control law, policy and scholarly thought and includes commentary on each of the key stages of any effective merger control regime. The articles consider the objectives of merger control and the broader political landscape within which mergers take place; the procedural issues in merger control, including jurisdictional matters and due process; the different substantive legal standards incorporated into merger control; the relevant theories of harm and the appropriate treatment of efficiencies; and the use of remedies in merger control. The chosen articles mainly, but not exclusively, focus on the US and EU, and several adopt a cross-disciplinary approach encompassing law, political science and economics.
Book Synopsis EU Competition Procedure by : Luis Ortiz Blanco
Download or read book EU Competition Procedure written by Luis Ortiz Blanco and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition fully updates the work to reflect recent legislative developments and a wealth of recent case law, in particular in relation to merger control and state aid. Consideration is given as to how EC Regulation 1/2003 (antitrust rules) have been applied and reviews their enforcement. Coverage also includes discussion of the fining practice of the European Commission and the judicial review of this practice by the Community Courts. There is also a new Part dedicated to the procedural aspects of arbitration as an efficient alternative means of dispute resolution in the private enforcement of EU competition law claims. As a practical guide to procedure, focusing on the implementation of the regulatory framework by the Commission and the relevant case law of the European Courts, this is an indispensable resource for all practitioners involved in competition proceedings before the European Commission and national competition authorities--Provided by Publisher.
Book Synopsis Merger Control in the United Kingdom and European Union by : Celli
Download or read book Merger Control in the United Kingdom and European Union written by Celli and published by Springer. This book was released on 1997-01-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merger Control in the United Kingdom and European Union clearly and concisely sets out the rules and procedures governing mergers at both national and European Union (EU) levels. This how-to guide assists practitioners involved in mergers by identifying: whether a transaction will come under the UK or the EU system who needs to be notified when and how notifications need to be filed under the UK or the EU system the various stages of the process Because in this area policy--rather than merely legal rules--plays a central role, Merger Control in the United Kingdom and European Union also identifies the various strands and developments of merger policy in Whitehall and in Brussels. The book has been fully updated to take account of the new legislative and interpretative measures introduced by the European Commission in December 1994 on the application of the EC Merger Regulation, as well as the UK statutory instruments enacted in March 1996 to amend merger control and competition rules, and recent developments involving mergers in the privatised utilities. Also included in this single volume are the texts of the relevant UK and EU legislation. This guide will interest all businesses involved in or contemplating transactions which could come under the rules, as well as lawyers, bankers, accountants and other professional advisers, and policymakers and observers of this developing area of law and policy.
Book Synopsis EU Competition Enforcement and Human Rights by : Arianna Andreangeli
Download or read book EU Competition Enforcement and Human Rights written by Arianna Andreangeli and published by Edward Elgar Pub. This book was released on 2008-01-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book is well structured and well written. . . the volume represents an important contribution to the existing legal literature on fundamental rights protection in the EU legal order from a competition law perspective.' - Giacomo Di Federico, Common Market Law Review
Book Synopsis European Community Competition Policy by : Michelle Cini
Download or read book European Community Competition Policy written by Michelle Cini and published by . This book was released on 1993 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Shaping of EU Competition Law by : Pablo Ibez Colomo
Download or read book The Shaping of EU Competition Law written by Pablo Ibez Colomo and published by Cambridge University Press. This book was released on 2018-07-12 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.
