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The European Commissions Jurisdiction To Scrutinise Mergers
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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 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 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.
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.
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 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 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 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 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 Broberg on the European Commission's Jurisdiction To Scrutinise Mergers (2013). by :
Download or read book Broberg on the European Commission's Jurisdiction To Scrutinise Mergers (2013). written by and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Merger Control written by Porter Elliott and published by Sweet & Maxwell. This book was released on 2011 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new book on merger control, edited by Van Bael & Bellis partners Jean-Francois Bellis and Porter Elliott, was published on 14 September 2011. The 820-page book, which is part of the European Lawyer Reference Series, provides an overview of the jurisdictional, procedural and substantive merger control rules in over 40 major jurisdictions worldwide. Leading firms from across the globe contributed to this book, which is among the most comprehensive of its kind on the market.
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 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 OUP Oxford. This book was released on 2009-10-01 with total page 480 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.
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.
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 The Notion of Community Dimension by : Morten P. Broberg
Download or read book The Notion of Community Dimension written by Morten P. Broberg and published by . This book was released on 1997 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
