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The Failing Firm Defence
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Book Synopsis The Failing Firm Defence by : Mike Müller
Download or read book The Failing Firm Defence written by Mike Müller and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Can the Failing Firm Defence Rule be Counterproductive? by : Helder Vasconcelos
Download or read book Can the Failing Firm Defence Rule be Counterproductive? written by Helder Vasconcelos and published by . This book was released on 2012 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Failing Firm Defence by : Organisation for Economic Co-operation and Development
Download or read book Failing Firm Defence written by Organisation for Economic Co-operation and Development and published by . This book was released on 1996 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition policy.
Book Synopsis The Failing Firm Defence by : Robin Mason
Download or read book The Failing Firm Defence written by Robin Mason and published by . This book was released on 2002 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Failing Firm Defence written by and published by . This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Failing Firm Defence in the European Union. A Panacea for Mergers? by : Ioannis Kokkoris
Download or read book Failing Firm Defence in the European Union. A Panacea for Mergers? written by Ioannis Kokkoris and published by . This book was released on 2017 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article deals with the assessment of a merger involving a failing firm. Competition authorities have recognised the importance of a merger/acquisition in avoiding bankruptcy as well as the impact of the failing firm defence on entry in the market and the role of potential dynamic or innovative efficiencies and have taken into account the financial distress in which a company may be. They have considered such issues in the assessment of mergers involving failing firms. Both the European Union and United States merger guidelines mention explicitly the “failing firm defence”. The case law has provided further impetus to the development of the defence in both jurisdictions.
Book Synopsis Failing Firm Defence Under the Clayton Act by : Ioannis Kokkoris
Download or read book Failing Firm Defence Under the Clayton Act written by Ioannis Kokkoris and published by . This book was released on 2017 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article deals with some important and complex issues which concern the assessment of a merger involving a failing firm. Competition authorities have recognised the importance of a merger/acquisition in avoiding bankruptcy as well as the impact of the failing firm defence on entry in the market and the role of potential dynamic or innovative efficiencies and have taken into account the financial distress in which a company may be in the assessment of mergers involving the said company. Both the EU and US competition legislation mention explicitly the “failing firm defence”. The case law has provided further impetus to the development of the defence in both jurisdictions.
Book Synopsis Comparing the US & the EU Failing Firm Defense by : Marianela López-Galdos
Download or read book Comparing the US & the EU Failing Firm Defense written by Marianela López-Galdos and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this paper is to compare the failing firm defense under the European Union and the United States antitrust regimes. In order to do so, the relevant case law and regulations will be studied. Moreover, to better understand the difficulties that the enforcement of the failing company defense brings about, the main problems of the application of this doctrine will be explained. Finally, other considerations such as efficiencies and social and environmental concerns related to the failing firm defense will be explored.
Book Synopsis Failing Firm Defence by : Organisation de coopération et de développement économiques
Download or read book Failing Firm Defence written by Organisation de coopération et de développement économiques and published by . This book was released on 1996 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Failing Firm Defence by : Ioannis Kokkoris
Download or read book Failing Firm Defence written by Ioannis Kokkoris and published by . This book was released on 2020 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article will provide insights on the implications of merger legislation on corporate debt restructuring. Thus, apart from the analysis of competition legislation surrounding mergers, it also includes a brief analysis of the restructuring process during which the failing firm may be invoked if it is decided that the means of viability of the firm are through a merger/acquisition.
Book Synopsis Switching to the Shield by : Claudia Holtz
Download or read book Switching to the Shield written by Claudia Holtz and published by . This book was released on 2009 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis How "failing" Does a Firm Need to be to Represent a Defence Under Merger Control Legislation by : Betim Saraci
Download or read book How "failing" Does a Firm Need to be to Represent a Defence Under Merger Control Legislation written by Betim Saraci and published by . This book was released on 2012 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Antitrust and EC Competition Law Analysis by : Femi Alese
Download or read book Federal Antitrust and EC Competition Law Analysis written by Femi Alese and published by Ashgate Publishing, Ltd.. This book was released on 2008 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the reader with a comprehensive analysis of US Federal Antitrust and EC Competition Law. It is encyclopaedic in coverage: examining every constituent element of the law and landmark decisions from the perspectives of economics and policy goals, explaining their implications for commercial operations and advocating policy reforms where necessary.
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 Financial Crisis Management and Bank Resolution by : John Raymond LaBrosse
Download or read book Financial Crisis Management and Bank Resolution written by John Raymond LaBrosse and published by Taylor & Francis. This book was released on 2020-11-25 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financial Crisis Management and Bank Resolution provides an analysis of the responses to the recent crisis that has beset the international financial markets taking a top down approach looking at the mechanisms to manage a financial crisis, to the practicalities of dealing with the resolution of a bank experiencing distress. This work is an interdisciplinary analysis of the law and policy surrounding crisis management and bank resolution. It comprises contributions from a team of leading experts in the field that have been carefully selected from across the globe. These experts are drawn from the law, central banks, government, financial services and academia. This edited collection will provide a new and important contribution to the subject at a crucial time in the debate around banking resolution and crisis management regimes, and help to plug the gap in our knowledge and understanding of the law of bank resolution and restructuring.
Book Synopsis Assess the Importance of the Counterfactual in Merger Assessment with Regards to the Failing Firm Defence by : George P. Kyprianides
Download or read book Assess the Importance of the Counterfactual in Merger Assessment with Regards to the Failing Firm Defence written by George P. Kyprianides and published by . This book was released on 2014 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the European Commission's practice with regard to the failing firm defence as an element of its counterfactual assessment under Regulation 139/2004 (Merger Regulation), and considers whether the three stage test for the defence should be interpreted more flexibly in times of economic crisis. Discusses the role of the counterfactual assessment within the merger control process.
Book Synopsis The Crisis Is Finally Biting! The Response of the EU Merger Control Regime to the Need for Corporate Restructurings by : Ioannis Kokkoris
Download or read book The Crisis Is Finally Biting! The Response of the EU Merger Control Regime to the Need for Corporate Restructurings written by Ioannis Kokkoris and published by . This book was released on 2016 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent financial crisis has illustrated the unprecedented difficulties that companies faced as well as the initiatives that were adopted at corporate and government level in order to mitigate the adverse impact of the crisis.A strategic response for struggling firms and one of the means of implementing a successful debt restructuring process is to combine or merge in order to achieve competitively necessary efficiencies. Either a failing firm within a booming industry or firms in a distressed industry will choose to combine, merge, acquire, be acquired, or choose to sell loss-making divisions in order to enhance the firm's viability and profitability. Given these wrenching transformations, the applicability and importance of the failing firm defence and failing division defence might be crucial.Particularly, it will deal with the implications of the failing firm defence on corporate debt restructuring in the European Union (EU). The reason for choosing these jurisdictions is that the EU has developed merger legislation3 and an extensive practice on the topic.The EU has specific criteria for assessing the failing firm defence argument. The satisfaction of these criteria is an essential factor for a concentration which is likely to have anticompetitive effects, to be allowed to proceed. In addition each of the above jurisdictions has its own legislation regarding merger assessment. It would be necessary for purposes of this paper and for a complete understanding of the implications of merger legislation, as they are identified through the failing firm defence, to provide a brief analysis of the legislation concerning the assessment of mergers. It is imperative to tie the analysis of the relevant legislation with its actual application in cases where the failing firm defence has been invoked. For each jurisdiction the landmark cases related to failing firm defence will be analysed in order to evaluate how the competition authorities and the courts have assessed the failing firm defence.This paper will analyse a recent case where the European Commission has accepted the failing firm defence in clearing the transaction. The failing form defence has been accepted only in a few transactions in the last 25 years and each new merger/acquisition clearance on the basis of the failing firm defence is a clear illustration of the impact of the recent financial crisis on the real economy.