A Comparative Analysis Of Eu And Us Transnational Mergers Regulation

Author : Dimitris Liakopoulos
Publisher : GRIN Verlag
Page : 383 pages
File Size : 51,8 Mb
Release : 2017-12-22
Category : Law
ISBN : 9783668599116

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A comparative analysis of EU and US transnational mergers regulation by Dimitris Liakopoulos Pdf

Document from the year 2017 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: A, , language: English, abstract: 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. The authors advocates the creation of an international merger control framework (IMCF) for the regulation of transnational mergers. This framework will rest on an informal and a formal pillar. The former includes non-legally binding competition principles. Consistency of these principles with the concepts of legitimacy and efficiency, as well as the presence of peer reviews and assistance programmes, should lower the risk of non-implementation. The formal pillar includes bilateral cooperation agreements which apply to merger affecting the countries which have concluded the agreements. As essential pre-condition for the application of bilateral agreements, the level of cooperation achieved by such agreements should be at least equal to that ensured by the informal pillar. The last part of the study addresses and examines the long and complex processes in merger and acquisition (M&A) transactions. M&A arbitration faces certain difficulties during the transaction. Such difficulties the author seeks to underline. Two main problems of arbitration in M&A transactions, particullarly, have been covered. Firstly, the problem of consent in consolidation of parallel proceedings during M&A transactions, and, secondly parties' consent that validate arbitration agreements/clauses in “assignment” or “succession” after M&A transactions have been completed. The author also tries to clarify the content of consent of parties to a transaction. Finally, a criticism of parallel proceedings is enhanced.

Author : Thomas Papadopoulos
Publisher : Springer Nature
Page : 511 pages
File Size : 47,7 Mb
Release : 2019-09-28
Category : Law
ISBN : 9783030227531

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Cross-Border Mergers by Thomas Papadopoulos Pdf

This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.

Author : Qian Li
Publisher : Unknown
Page : 0 pages
File Size : 53,6 Mb
Release : 2023
Category : Electronic
ISBN : 3848775883

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Public Interest Considerations in Merger Control by Qian Li Pdf

Author : François Lévêque,Howard A. Shelanski
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 40,7 Mb
Release : 2003-01-01
Category : Law
ISBN : 1781957649

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Merger Remedies in American and European Union Competition Law by François Lévêque,Howard A. Shelanski Pdf

This impressive volume presents a detailed comparative analysis of merger remedies in the EU and US, motivated by the fact that a growing number of mergers are being scrutinized and reviewed under both jurisdictions. Merger remedies on either side of the Atlantic play an increasingly important role in the implementation of public policy with regard to the economic concentration of industry. The book provides an understanding of merger remedies in general, and of procedural and substantive differences in the approach of the EU and the US. The editors have gathered together leading European and American practitioners and scholars to comprehensively discuss this issue. They aim to help policymakers decide if, and how, current practices can be improved, and to help firms and their counsel better prepare cases and predict outcomes.

Author : Ilene Knable Gotts
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 2024-06-29
Category : Conglomerate corporations
ISBN : 1804490954

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The Merger Control Review by Ilene Knable Gotts Pdf

Author : Andrea Lista
Publisher : Taylor & Francis
Page : 440 pages
File Size : 50,9 Mb
Release : 2013-06-07
Category : Law
ISBN : 9781135044640

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EU Competition Law and the Financial Services Sector by Andrea Lista Pdf

Competition law is a complex and constantly evolving area of law which affects every aspect of the market economy, including the financial services sector. This book is a comprehensive and practical guide to the application of the EU competition rules to banking and insurance industries. This book is divided into two parts: the first part explores the application of Articles 101, 102 and 107 TFEU to the insurance industry. Emphasis is placed on recent changes which have progressively eroded the block exemption regime that traditionally benefited the insurance industry. In the second part of the book, focus is on the application of the Articles of TFEU to the banking industry, with specific reference to card payment systems, which give rise to some of the most intricate antitrust issues in the financial services sector. Relevant Commission decisions and European Court of Justice case law are discussed and suggestions are made for an alternative regulatory framework through comparative analysis of US regulations. This book will be an invaluable reference point for legal practitioners specialising in EU Competition law, as well as postgraduate students and academic researchers working in competition law and the financial services sector.

Author : Kalpana Tyagi
Publisher : Springer
Page : 328 pages
File Size : 53,8 Mb
Release : 2020-08-14
Category : Law
ISBN : 3662587866

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Promoting Competition in Innovation Through Merger Control in the ICT Sector by Kalpana Tyagi Pdf

This book addresses the question of how competition authorities assess mergers in the Information Communication Technology (ICT) sector so as to promote competition in innovation. A closer look at the question reveals that it is far more complex and difficult to answer for the ICT, telecommunications and multi-sided platform (MSP) economy than for more traditional sectors of the economy. This has led many scholars to re-think and question whether the current merger control framework is suitable for the ICT sector, which is often also referred to as the new economy. The book pursues an interdisciplinary approach combining insights from law, economics and corporate strategy. Further, it has a comparative dimension, as it discusses the practices of the US, the EU and, wherever relevant, of other competition authorities from around the globe. Considering that the research was conducted in the EU, the practices of the European Commission remain a key aspect of the content.Considering its normative dimension, the book concentrates on the substantive aspects of merger control. To facilitate a better understanding of the most important points, the book also offers a brief overview of the procedural aspects of merger control in the EU, the US and the UK, and discusses recent amendments to Austrian and German law regarding the notification threshold. Given its scope, the book offers an invaluable guide for competition law scholars, practitioners in the field, and competition authorities worldwide.

Author : Dimitris Liakopoulos,Armando Marsilia
Publisher : BRILL
Page : 248 pages
File Size : 40,7 Mb
Release : 2009-12-07
Category : Law
ISBN : 9789047431145

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The Regulation of Transnational Mergers in International and European Law by Dimitris Liakopoulos,Armando Marsilia Pdf

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.

Author : Umakanth Varottil,Wai Yee Wan
Publisher : Cambridge University Press
Page : 545 pages
File Size : 50,9 Mb
Release : 2017-10-26
Category : Business & Economics
ISBN : 9781107195271

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Comparative Takeover Regulation by Umakanth Varottil,Wai Yee Wan Pdf

Comparative Takeover Regulation compares the laws relating to takeovers in leading Asian economies and relates them to broader global developments. It is ideal for educational institutions that teach corporate law, corporate governance, and mergers and acquisitions, as well as for law firms, corporate counsel and other practitioners.

Author : John Duns,Arlen Duke,Brendan Sweeney
Publisher : Edward Elgar Publishing
Page : 528 pages
File Size : 45,5 Mb
Release : 2015-11-27
Category : Law
ISBN : 9781785362576

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Comparative Competition Law by John Duns,Arlen Duke,Brendan Sweeney Pdf

Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.

Author : Valerie Demedts
Publisher : BRILL
Page : 454 pages
File Size : 46,5 Mb
Release : 2018-10-25
Category : Law
ISBN : 9789004372962

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The Future of International Competition Law Enforcement by Valerie Demedts Pdf

The Future of International Competition Law Enforcement undertakes an original assessment of the EU's international cooperation agreements in the field of competition law and is uniquely focused on the bilateral sphere, often labelled as a mere 'interim-solution' awaiting a global agreement.

Author : Jerry W. Markham,Rigers Gjyshi
Publisher : Edward Elgar Publishing
Page : 563 pages
File Size : 41,8 Mb
Release : 2014-07-31
Category : Business & Economics
ISBN : 9781782540076

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Research Handbook on Securities Regulation in the United States by Jerry W. Markham,Rigers Gjyshi Pdf

This fascinating Handbook provides a clear explanation of the securities market regulation regime in the United States. A diverse set of contributors offer a comprehensive overview of the regulatory process, Dodd-Frank, the principal securities statute

Author : Andrea Biondi,Gabriella Muscolo,Renato Nazzini
Publisher : Kluwer Law International B.V.
Page : 973 pages
File Size : 46,6 Mb
Release : 2022-01-11
Category : Law
ISBN : 9789403513102

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After the Damages Directive by Andrea Biondi,Gabriella Muscolo,Renato Nazzini Pdf

International Competition Law Series [ICLS], Volume 89 Designed to deter anticompetitive conduct and to ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. This first book of its kind offers a comparative overview, practical and authoritative, of the implementation and application of private enforcement rules in each EU Member State as well as in the post-Brexit United Kingdom, covering legislation and case law to date. For leading jurisdictions where practice is already well developed, there are more detailed chapters, with perspectives of judges, competition authorities, practitioners, and economists. The contributors – all experts in the use of EU competition law in their respective jurisdictions – cover the provisions of the Directive in detail, including the following: requirement of full compensation; rules preventing overcompensation; court’s power to estimate damages that cannot be precisely quantified; joint and several liability for infringing undertakings; coordination between public and private enforcement; provisions related to passing-on; certain rules on admissibility of evidence; rules on limitation periods; and consensual dispute resolution. In its detailed explanations of shared best practices and its highlighting of opportunities for convergence, the book provides much-needed insight into judicial practice and thinking, the economic approaches and strategies relevant to damages, and the coordination between public and private enforcement. These expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their own jurisdictions, as well as into the problems that have arisen or might arise in the future.

Author : Daniel J. Gifford,Robert T. Kudrle
Publisher : University of Chicago Press
Page : 320 pages
File Size : 50,9 Mb
Release : 2015-02-11
Category : Law
ISBN : 9780226176246

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The Atlantic Divide in Antitrust by Daniel J. Gifford,Robert T. Kudrle Pdf

How is it that two broadly similar systems of competition law have reached different results across a number of significant antitrust issues? While the United States and the European Union share a commitment to maintaining competition in the marketplace and employ similar concepts and legal language in making antitrust decisions, differences in social values, political institutions, and legal precedent have inhibited close convergence. With The Atlantic Divide in Antitrust, Daniel J. Gifford and Robert T. Kudrle explore many of the main contested areas of contemporary antitrust, including mergers, price discrimination, predatory pricing, and intellectual property. After identifying how prevailing analyses differ across these areas, they then examine the policy ramifications. Several themes run throughout the book, including differences in the amount of discretion firms have in dealing with purchasers, the weight given to the welfare of various market participants, and whether competition tends to be viewed as an efficiency-generating process or as rivalry. The authors conclude with forecasts and suggestions for how greater compatibility might ultimately be attained.

Author : Paul Craig,Gráinne De Búrca
Publisher : Oxford University Press
Page : 1073 pages
File Size : 43,8 Mb
Release : 2021
Category : Law
ISBN : 9780192846556

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The Evolution of EU Law by Paul Craig,Gráinne De Búrca Pdf

This last decade has been particularly turbulent for the EU. Beset by crises - the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic - European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law. With new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law.