Failing Firm Defence Under the Clayton Act

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Publisher :
ISBN 13 :
Total Pages : 10 pages
Book Rating : 4.:/5 (13 download)

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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.

Comparing the US & the EU Failing Firm Defense

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

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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.

The EU Merger Regulation

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Publisher : Sweet & Maxwell
ISBN 13 : 041404844X
Total Pages : 849 pages
Book Rating : 4.4/5 (14 download)

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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

The Antitrust Paradox

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Publisher :
ISBN 13 : 9781736089712
Total Pages : 536 pages
Book Rating : 4.0/5 (897 download)

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Book Synopsis The Antitrust Paradox by : Robert Bork

Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.

Federal Antitrust and EC Competition Law Analysis

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Publisher : Routledge
ISBN 13 : 1351936794
Total Pages : 635 pages
Book Rating : 4.3/5 (519 download)

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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 Routledge. This book was released on 2016-12-14 with total page 635 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.

Newspaper Preservation Act

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Publisher :
ISBN 13 :
Total Pages : 722 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Newspaper Preservation Act by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly

Download or read book Newspaper Preservation Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly and published by . This book was released on 1969 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers S. 1520, to exempt from the antitrust laws certain combinations and arrangements necessary for the survival of failing newspapers.

Research Handbook on Global Merger Control

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Publisher : Edward Elgar Publishing
ISBN 13 : 180037819X
Total Pages : 685 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Research Handbook on Global Merger Control by : Ioannis Kokkoris

Download or read book Research Handbook on Global Merger Control written by Ioannis Kokkoris and published by Edward Elgar Publishing. This book was released on 2023-05-09 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 30 years, merger control has become well-established around the world with broad consensus around its ambit and objectives. That consensus has fractured in recent years. Enforcement today is at a critical juncture, facing an array of challenges and calls for reform unprecedented in their scope and intensity. Authored by leading legal practitioners, economists, enforcers and jurists, this timely Research Handbook on Global Merger Control discusses those challenges and predicts how merger control is likely to evolve.

Monetary History, Exchange Rates and Financial Markets

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781950784
Total Pages : 295 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Monetary History, Exchange Rates and Financial Markets by : Charles Albert Eric Goodhart

Download or read book Monetary History, Exchange Rates and Financial Markets written by Charles Albert Eric Goodhart and published by Edward Elgar Publishing. This book was released on 2003-01-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monetary History, Exchange Rates and Financial Markets is an impressive collection of original papers in honour of Charles Goodhart's outstanding contribution to monetary economics and policy. Charles Goodhart has written extensively on many of these topics and has become synonymous with his field; the chapters within this book offer a summary of current thinking on his own research subjects and include perspectives on controversies surrounding them.

The Multinational Enterprise and Legal Control

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041117892
Total Pages : 1364 pages
Book Rating : 4.1/5 (178 download)

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Book Synopsis The Multinational Enterprise and Legal Control by : Cynthia Day Wallace

Download or read book The Multinational Enterprise and Legal Control written by Cynthia Day Wallace and published by Martinus Nijhoff Publishers. This book was released on 2002-04-02 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This long-awaited new book from Cynthia Day Wallace picks up the thread of her best-selling "Legal Control of the Multinational Enterprise: National Regulatory Techniques and the Prospects for International Controls," In the present work she applies herself to legal and pragmatic aspects of control surrounding MNE operations. The primary focus is on legal and administrative techniques and measures practised by host states to control - transparently or less so - foreign MNE activity within their territories, or even extraterritorially when effects are felt within national boundaries. The primary geographic focus is the six most investment-intensive industrialized states (namely, Canada, France, Germany, Japan, the United States and the United Kingdom). At the same time an important message of the present study is precisely the implication for the developing countries as well as for the emerging market economies of central and eastern Europe - and even Asian nations besides Japan, because it is the sharing of this very 'experience of years' that can best serve to facilitate a fuller participation on the part of the up-and-coming economies in the same global market place.

In Defense of Monopoly

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Publisher : University of Michigan Press
ISBN 13 : 0472901141
Total Pages : 554 pages
Book Rating : 4.4/5 (729 download)

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Book Synopsis In Defense of Monopoly by : Richard B. McKenzie

Download or read book In Defense of Monopoly written by Richard B. McKenzie and published by University of Michigan Press. This book was released on 2019-02-28 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defense of Monopoly offers an unconventional but empirically grounded argument in favor of market monopolies. Authors McKenzie and Lee claim that conventional, static models exaggerate the harm done by real-world monopolies, and they show why some degree of monopoly presence is necessary to maximize the improvement of human welfare over time. Inspired by Joseph Schumpeter's suggestion that market imperfections can drive an economy's long-term progress, In Defense of Monopoly defies conventional assumptions to show readers why an economic system's failure to efficiently allocate its resources is actually a necessary precondition for maximizing the system's long-term performance: the perfectly fluid, competitive economy idealized by most economists is decidedly inferior to one characterized by market entry and exit restrictions or costs. An economy is not a board game in which players compete for a limited number of properties, nor is it much like the kind of blackboard games that economists use to develop their monopoly models. As McKenzie and Lee demonstrate, the creation of goods and services in the real world requires not only competition but the prospect of gains beyond a normal competitive rate of return.

World Competition

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Publisher :
ISBN 13 :
Total Pages : 606 pages
Book Rating : 4.:/5 (45 download)

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Book Synopsis World Competition by :

Download or read book World Competition written by and published by . This book was released on 1995 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Merger Control in the EC and the UK

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847313493
Total Pages : 564 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Law of Merger Control in the EC and the UK by : Mark Furse

Download or read book The Law of Merger Control in the EC and the UK written by Mark Furse and published by Bloomsbury Publishing. This book was released on 2007-02-09 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text introduces the reader to the principles and practice of merger control in the EC and the UK. It deals clearly with both of the new regimes, providing a discussion of the policy and the relevant legislation, clarified through an analysis of pertinent cases and decisions. The aim is to provide the non-expert reader with a thorough and accessible introduction to the subject. The book deals first with matters common to both regimes, including relevant economics, and then focuses on the EC and UK systems as separate entities. In each case the text covers qualifying mergers, including principles of territorial jurisdiction, substantive tests, procedures, appeals, and third party rights, as well as the link between the UK and EC regimes. The book is up to date to 31 July 2006. Substantial appendices provide most of the relevant core legislation in one convenient place.

Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law

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Publisher : Springer Science & Business Media
ISBN 13 : 3642243134
Total Pages : 728 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law by : Richard S. Markovits

Download or read book Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law written by Richard S. Markovits and published by Springer Science & Business Media. This book was released on 2014-05-22 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 2 uses the economic and legal concepts/theories of Volume 1 to (1) analyze the U.S. and E.U. antitrust legality of mergers, joint ventures, and the pricing-technique and contractual/sales-policy distributor-control surrogates for vertical integration and (2) assess related positions of scholars and U.S. and E.U. antitrust officials. Its analysis of horizontal mergers (1) delineates non-market-oriented protocols for determining whether they manifest specific anticompetitive intent, would lessen competition, or are rendered lawful by the efficiencies they would generate, (2) criticizes the U.S. courts’ traditional market-share/market-concentration protocol, the HHI-oriented protocols of the 1992 U.S. DOJ/FTC Guidelines and the European Commission (EC) Guidelines, and the various non-market-oriented protocols the DOJ/FTC have increasingly been using, (3) argues that, although the 2010 U.S. Guidelines and DOJ/FTC officials discuss market definition as if it matters, those Guidelines actually reject market-oriented approaches, and (4) reviews the relevant U.S. and E.U. case-law. Its analysis of conglomerate mergers (1) shows that they can perform the same legitimate and competition-increasing functions as horizontal mergers and can yield illegitimate profits and lessen competition by increasing contrived oligopolistic pricing and retaliation barriers to investment, (2) analyzes the determinants of all these effects, and (3) assesses limit-price theory, the toe-hold-merger doctrine, and U.S. and E.U. case-law. Its analysis of vertical conduct (1) examines the legitimate functions of each type of such conduct, (2) delineates the conditions under which each manifests specific anticompetitive intent and/or lessens competition, and (3) assesses related U.S. and E.U. case-law and DOJ/FTC and EC positions. Its analysis of joint ventures (1) explains that they violate U.S. law only when they manifest specific anticompetitive intent while they violate E.U. law either for this reason or because they lessen competition, (2) discusses the meaning of an “ancillary restraint” and demonstrates that whether a joint-venture agreement would be illegal if it imposed no restraints and whether any restraints imposed are ancillary can be determined only through case-by-case analysis, (3) explains why scholars and officials overestimate the economic efficiency of R&D joint ventures, and (4) discusses related U.S. and E.U. case-law and DOJ/FTC and EC positions. The study’s Conclusion (1) reviews how its analyses justify its innovative conceptual systems and (2) compares U.S. and E.U. antitrust law as written and as applied.

Chinese Merger Control Law

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Publisher : Springer
ISBN 13 : 3662438682
Total Pages : 408 pages
Book Rating : 4.6/5 (624 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 2014-11-19 with total page 408 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.

EU Merger Control

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Publisher : OUP Oxford
ISBN 13 : 9780199644131
Total Pages : 0 pages
Book Rating : 4.6/5 (441 download)

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Book Synopsis EU Merger Control by : Ioannis Kokkoris

Download or read book EU Merger Control written by Ioannis Kokkoris and published by OUP Oxford. This book was released on 2014-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic issues play a pivotal role in competition enforcement. Integrating economic and legal analysis throughout, this work provides expert coverage of both the substantive and procedural law relating to merger control in the EU, considering EU and national case law. The key substantive and procedural issues in the US are also considered.

Competition Law

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Publisher : Routledge
ISBN 13 : 1351776940
Total Pages : 477 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Competition Law by : Rosa Greaves

Download or read book Competition Law written by Rosa Greaves and published by Routledge. This book was released on 2017-11-30 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was published in 2003. Competition/anti-trust law, as a separate body of law, is very much a creation of the 20th century and grew only in maturity in the latter half of that century. As developments in US anti-trust law have had, and continue to have, an important influence on the development of competition law in Europe and worldwide, articles have been selected for this collection from both sides of the Atlantic. The volume focuses on the following aspects: the objectives and nature of competition law, the scope of competition law, selected legal concepts and challenges in competition law, and the global application of competition law.

The Interaction Between Competition Law and Corporate Governance

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Publisher : Cambridge University Press
ISBN 13 : 1108526365
Total Pages : 317 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis The Interaction Between Competition Law and Corporate Governance by : Florence Thépot

Download or read book The Interaction Between Competition Law and Corporate Governance written by Florence Thépot and published by Cambridge University Press. This book was released on 2019-02-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Florence Thépot provides the first systematic account of the interaction between competition law and corporate governance. She challenges the 'black box' conception of the firm- or 'undertaking' - in competition law, as applied to increasingly complex corporate relations. The book opens the 'black box' of the firm to understand the internal drivers of collusive behaviour, and proposes a unified approach to cartel enforcement, based on the agency theory. It explores key issues including corporate compliance programmes, the attribution of liability in corporate groups, and structural links between competitors, and should be read by anyone interested in how the evolution of the corporate landscape impacts competition law.