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The European Unions Jurisdiction In Merger Regulation
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Book Synopsis The European Union's Jurisdiction in Merger Regulation by : Vellah Kedogo Kigwiru
Download or read book The European Union's Jurisdiction in Merger Regulation written by Vellah Kedogo Kigwiru and published by . This book was released on 2020 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of mergers that go beyond national borders within the European Union (EU) common market has its origins in the adoption of the Council Regulation 4064/89 of 21 December on the Control of Concentrations between Undertakings (Regulation 4064/89). Regulation 4064/89 was as a result of negotiations that begun in 1973 when the Commission proposed the first merger text to the Council. Since then, the EU has had jurisdiction over cross-border mergers within the internal market. Currently merger regulation under the EU is governed under Council Regulation (EC) No. 139/2004 of 20 January 2004 on the Control of Concentrations between Undertakings (The EU Merger Regulation), the 2004 Implementing Merger Regulation (809/2004) as amended by the 2013 Implementing Regulation (1269/2013). Because, merger regulation in the EU happens at both the national and community level, the EU Merger Regulation in addition to the Commission Notices lay down a framework and conditions under which both the Commission and the Member States can invoke jurisdiction over mergers within the common market. This is geared towards ensuring that, the most competent institution, reviews mergers to avoid multiple filings that would lead to legal uncertainties and undermine the one-stop shop principle.The objective of this brief research paper, is to provide a clear understanding on the allocation of jurisdiction on merger control in the EU between the Commission and the Member States. This research paper is divided into four parts. The first part is the introduction. The second part discusses the community dimension test in merger regulation under Articles 1(2) and 1(3) of the EU Merger Regulation. The third part, examines the referral system as provided for under Articles 4(4), 4(5), 9 and 22 of the EU Merger Regulation. The last part, analyses Article 21(4) of the EU Merger Regulation which grants the Member State an opportunity to review a merger meeting the community dimension test in order to protect legitimate interest or certain public interests.
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 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 Broberg on the European Commission's Jurisdiction to Scrutinise Mergers by : Morten P. Broberg
Download or read book Broberg on the European Commission's Jurisdiction to Scrutinise Mergers written by Morten P. Broberg and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --The Undertakings Concerned --The Group --The Basic Rules --Geographic Allocation of Turnover --The Financial Sector --The EEA Agreement --Forum Shopping under the Merger Regulation --Real Union Dimension.
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 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 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 Corporate Acquisitions and Mergers in the European Union by : Riccardo Celli
Download or read book Corporate Acquisitions and Mergers in the European Union written by Riccardo Celli and published by Kluwer Law International B.V.. This book was released on 2021-10-21 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from Kluwer’s multi-volume Corporate Acquisitions and Mergers, the largest and most detailed database of M&A know-how available anywhere in the world, this work by highly experienced partners in the leading international law firm O’Melveny & Myers LLP provides a concise, practical analysis of current law and practice relating to mergers and acquisitions of public and private companies in European Union. The book offers a clear explanation of each step in the acquisition process from the perspectives of both the purchaser and the seller. Key areas covered include: structuring the transaction; due diligence; contractual protection; consideration; and the impact of applicable company, competition, tax, intellectual property, environmental and data protection law on the acquisition process. Corporate Acquisitions and Mergers is an invaluable guide for both legal practitioners and business executives seeking a comprehensive yet practical analysis of mergers and acquisitions in European Union. Equivalent analyses of M&A law and practice in some 50 other jurisdictions, all contributed by leading law firms, are accessible on-line at www.kluwerlawonline.com under Corporate Acquisitions and Mergers.
Book Synopsis Corporate Acquisitions and Mergers in the European Union by : Riccardo Celli
Download or read book Corporate Acquisitions and Mergers in the European Union written by Riccardo Celli and published by Kluwer Law International B.V.. This book was released on 2019-07-12 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from Kluwer’s multi-volume Corporate Acquisitions and Mergers, the largest and most detailed database of M&A know-how available anywhere in the world, this work by a highly experienced partner in the leading international law firm O’Melveny & Myers LLP provides a concise, practical analysis of current law and practice relating to mergers and acquisitions of public and private companies in the European Union. The book offers a clear explanation of each step in the acquisition process from the perspectives of both the purchaser and the seller. Key areas covered include: structuring the transaction; due diligence; contractual protection; consideration; and the impact of applicable company, competition, tax, intellectual property, environmental and data protection law on the acquisition process. Corporate Acquisitions and Mergers is an invaluable guide for both legal practitioners and business executives seeking a comprehensive yet practical analysis of mergers and acquisitions in the European Union. Equivalent analyses of M&A law and practice in some 50 other jurisdictions, all contributed by leading law firms, are accessible on-line at www.kluwerlawonline.com under Corporate Acquisitions and Mergers.
Book Synopsis Merger Control Law in the European Union by : Commission of the European Communities
Download or read book Merger Control Law in the European Union written by Commission of the European Communities and published by . This book was released on 1995 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The European Commission's Jurisdiction to Scrutinise Mergers by : Morten Broberg
Download or read book The European Commission's Jurisdiction to Scrutinise Mergers written by Morten Broberg and published by Springer. This book was released on 1998-04-15 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: No major business or law firm can afford to disregard the European Commission's power in the control of mergers. Since the Council of Ministers adopted the EC Merger Regulation in 1989, The power of the European Commission has increased steadily. The scope of the Merger Regulation now occupies a central role in many mergers taking place both inside and outside the European Community. To come within the scope of merger regulation and thus within the Commission's jurisdiction, a merger must possess a `community dimension'. Despite the careful definition of this term in the Merger Regulation itself, The concept has created problems in many cases. The European Commission's Jurisdiction to Scrutinise Mergers offers a comprehensive, up-to-date analysis of all aspects of the community dimension concept. The most thorough examination of the Commission's jurisdiction to examine mergers under the EC Merger Regulation, The European Commission's Jurisdiction to Scrutinise Mergers serves as a valuable guide for businesses, their legal advisors, and competition law enforcers in both the Commission And The Member States.
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 The European Commission's Jurisdiction to Scrutinise Mergers by : Morten P. Broberg
Download or read book The European Commission's Jurisdiction to Scrutinise Mergers written by Morten P. Broberg and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the Merger Regulation's all-important element focusing on the Community dimension - i.e., The test whether a merger is to be examined by the European Commission or by the Member States - this classic has held the field since 1998. Now with this new Third Edition Dr. Broberg not only brings all his penetrating analyses to bear on the 'New' Merger Regulation of 2004, but takes into account recent case law and other sources of law as of 15 September 2005. The structure of Dr. Broberg's presentation has not been altered, So the reader will still find applicable commentary and insight under the same headings, which include the following: definition and types of enterprises involved in the merger (`undertakings concerned'); the 'group' And The notion of control; the special rules provided by the Merger Regulation - such as those pertaining to financial year, taxes and intra-group sales; geographic allocation of turnover; financial institution and insurance undertakings; the EEA competition-enforcing system; and forum shopping. The book concludes with a discussion of the `real Community dimensioniquest; and the author's recommendations for improving the delimitation of the Merger Regulation's jurisdiction. An annex reprints the 2004 Merger Regulation and its implementing Commission regulations, As well as some key Commission notices. With the Third Edition, The European Commissions Jurisdiction to Scrutinise Mergers remains the definitive guide To The subject for businesses and their legal advisors, As well as for competition law enforcers at the EU and Member State levels. Please note: For a revised version of the TABLE OF CASES and INDEX click on Sample PDF on the right-hand column of this page.
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.
Book Synopsis The European Commission's Jurisdiction to Scrutinise Mergers, 3rd Edition by : Morten P. Broberg
Download or read book The European Commission's Jurisdiction to Scrutinise Mergers, 3rd Edition written by Morten P. Broberg and published by . This book was released on 2006 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the Merger Regulation's all-important element focusing on the Community dimension - i.e., the test whether a merger is to be examined by the European Commission or by the Member States - this classic has held the field since 1998. Now with this new Thi.
Download or read book Bellamy & Child written by David Bailey and published by Oxford University Press, USA. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.
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.
