European Community Merger Control A Practitioner S Guide
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European Community Merger Control:A Practitioner's Guide by Barry Hawk Pdf
European Community Merger Control: A Practitioner's Guide presents a current and comprehensive `one-stop' review of jurisdictional, procedural and substantive issues, arising under the European Community's merger control system. The treatise, written by practitioners for practitioners, presents legal, economic and comparative analyses of the European system and real-world solutions to enable antitrust advisors to guide their clients' mergers, acquisitions and joint ventures successfully through the Merger Regulation's sometimes turbulent regulatory waters.
Merger Control in the United Kingdom and European Union by Celli Pdf
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.
The EU Merger Regulation by Alistair Lindsay,Alison Berridge Pdf
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
Author : Lennart Ritter,W. David Braun Publisher : Kluwer Law International B.V. Page : 1248 pages File Size : 41,8 Mb Release : 2005-01-01 Category : Law ISBN : 9789041122582
European Competition Law by Lennart Ritter,W. David Braun Pdf
No branch of European law has been as subject to expansion and change as competition law. Between the enormous forces of globalisation, technology, and EU enlargement, the Commission and national competition authorities have been compelled to keep rethinking their practices and procedures and issuing new regulations. Now, in the wake of its highly acclaimed predecessors, the new Third Edition of European Competition Law offers the practitioner everything required to act in accordance with the latest developments in the field. Along with the thorough guide to continuing practice that its readers have come to expect, European Competition Law in its Third Edition fully covers such areas as the following: the Commission's new assessment of distribution practices and vertical restraints, in particular the block exemptions granted by Regulations 2790/1999 and 1400/2002; procedure before national competition authorities and national courts for enforcement of European rules under Regulation 1/2003; the new Merger Control Regulation in force as of 1 May 2004; the new Transfer of Technology Regulation; and, the increased fines for hard-core cartel practices or abuse of dominant market position. The Third Edition is remarkable in that it actually previews the substantive and procedural rules that will be coming into effect during 2004 and subsequent years. And, like prior editions, the work has no peer in its coverage of past administrative practice and the case law of the Court of Justice. All in all, European Competition Law, Third Edition, will be of immeasurable value to practitioners who need to keep informed about how EC competition laws are applied, so they can continue to render practical, meaningful advice to firms whose agreements, transactions and conduct in the marketplace are governed by competition rules.
European Merger Control by Catalin Stefan Rusu Pdf
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.
Merger Control in the European Union by Edurne Navarro Varona Pdf
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.
Research Handbook on Global Merger Control by Ioannis Kokkoris,Nicholas Levy Pdf
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.
Merger Control in the EU and Turkey by Fevzi Toksoy,Bahadir Balki,Hanna Stakheyeva Pdf
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.
Merger Control is your comprehensive guide to this complex and fast evolving area, providing crucial insight into merger control regimes worldwide. Throughout this edition, and following the unique Getting the Deal Through format, the same key questions are answered by leading practitioners in each of the 71 jurisdictions featured. Edited by John Davies of Freshfields Bruckhaus Deringer, Merger Control provides in-depth comparative study of the topic from the perspective of leading experts in 71 jurisdictions and also features editorial chapters covering COMESA; the ICN in 2016-2017; recent economic applications in EU merger control: UPP and beyond; and the growing document burden: coordinating discovery in cross-border merger reviews. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P
Law and Economics in European Merger Control by Ulrich Schwalbe,Daniel Zimmer Pdf
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.
European Competition Law:A Practitioner's Guide by Lennart Ritter Pdf
EC competition law is in a steady process of evolution. Many important changes in legislation and enforcement emphasis have occurred since the First Edition appeared in 1991. These changes include: the amendment of the merger control regulation the harmonization and simplification of the procedural rules the liberalization of hitherto monopolized markets the coordinated application of the competition rules by the Commission national authorities and national courts a reappraisal of how to deal with vertical restraints in the Commission's Green Paper, The Council's first response, and finally the Commission's White Paper on Modernization of the Rules Implementing Article 81 and 82 of the EC Treaty (as renumbered by the Amsterdam Treaty). Even more fundamental changes in the structure of the Community And The dynamic forces of competition have caused a broader rethinking about competition rules which is ongoing as this Second Edition goes to press. The enlargement of the Community, monetary union, The new tasks attributed by the Maastricht And The Amsterdam Treaties, The continuing integration of national markets, The globalization of the economy and increasing international cooperation among antitrust authorities are new challenges and opportunities which call for a modernization of competition rules and enforcement procedures. To prepare a Second Edition of the Practitioner's Guide in such a period of change was a challenge, a risk and a necessity. The practitioner needs to be informed about how the EC competition rules are currently being applied in order to render meaningful, practical advice to firms whose agreements, transactions and conduct in the market place are governed by the competition rules. The Second Edition attempts to meet this need.
Chinese State Owned Enterprises and EU Merger Control by Alexandr Svetlicinii Pdf
This book analyzes the specifics of corporate governance of China’s State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission’s screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.
EC Merger Regulation is a specifically practical mergers book. It provides a working guide to the most crucial EC Merger Regulation issues, with the purpose of supplying Competition and EC law practitioners with the key information and effective techniques they need to complete merger deals successfully. Throughout, it is alive to the practical issues involved and discusses them in lawyers' terms. A highly practical rather than theoretical treatment, supplying clear answers to lawyers' questions about the process. Focuses on what lawyers negotiating the EC Merger Regulation process need to know to steer a deal through effectively. Analyses the way in which the Commission reaches its decisions. Examines the practical lessons from the substantial volume of case law and jurisprudence in this area.
