Merger Control In Latin America

Author : Paulo Burnier da Silveira,Pamela Sittenfeld
Publisher : Unknown
Page : 318 pages
File Size : 42,9 Mb
Release : 2020
Category : Electronic
ISBN : 1939007224

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Merger Control in Latin America by Paulo Burnier da Silveira,Pamela Sittenfeld Pdf

Following significant reforms over the last 20 years, merger control regimes in Latin America now constitute around 20% of merger regimes worldwide. In regard to global transactions that may trigger the notification thresholds in many of these jurisdictions, it became necessary that an up-to-date book analyzing current legislation and case law be available for practitioners. This book compiles for the first time the applicable law governing merger control in Latin America. More than 30 distinguished authors, from both private and enforcement backgrounds, cover 17 jurisdictions and the Caribbean Community (CARICOM). For each jurisdiction, the reader will find a presentation of the merger control system, a description of the applicable procedures, and an analysis of the most relevant case law on the subject. In addition, the editors, Paulo Burnier da Silveira and Pamela Sittenfeld, provide an overview of the merger regimes in Latin America, as well as a synthesis of the particularities of the regimes addressed in the book.

Author : Dennis Campbell
Publisher : Kluwer Law International B.V.
Page : 554 pages
File Size : 47,6 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041136541

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Mergers and Acquisitions in North America, Latin America, Asia and the Pacific by Dennis Campbell Pdf

The thirty-second edition of the Comparative Law Yearbook of International Business comprises two volumes, each dealing broadly with issues relating to cross-border and mergers and acquisitions. Volume A provides 16 chapters and examines mergers and acquisitions in Europe. Volume B provides 16 chapters and treats mergers and acquisitions in North America, Latin America, and Asia and the Pacific. Each consists of national reports and treatments of selected issues within the respective regions. Volume B, Mergers and Acquisitions in North America, Latin America, Asia and the Pacific, Selected Issues and Jurisdictions, reviews the Australian Takeovers Panel, joint ventures in China, and employment issues in New Zealand, as well as national reports on Brazil, Canada, Chile, China, Colombia, India, Indonesia, Israel, Japan, Nigeria, The Philippines, Sri Lanka, and Trinidad and Tobago.

Author : OECD,Inter-American Development Bank
Publisher : OECD Publishing
Page : 65 pages
File Size : 41,9 Mb
Release : 2008-03-18
Category : Electronic
ISBN : 9789264042001

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Peer Reviews of Competition Law and Policy in Latin America A Follow-up: Argentina, Brazil, Mexico and Peru by OECD,Inter-American Development Bank Pdf

Author : Julián Peña,Marcelo Calliari
Publisher : Kluwer Law International B.V.
Page : 491 pages
File Size : 55,8 Mb
Release : 2022-06-06
Category : Law
ISBN : 9789403537009

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Competition Law in Latin America by Julián Peña,Marcelo Calliari Pdf

In the past few years, Latin American countries have taken giant steps to reposition their competition authorities in the global antitrust arena, granting them much greater autonomy both domestically and internationally. This is an updated edition of the first book that offered an in-depth analysis of this complex scenario. The first part of the book includes more general chapters written by leading experts on a variety of relevant topics analyzed at a regional level such as the issues emerging with the digital economy and on the special field of the information and communications technology industry, as well as chapters on broad regional trends, on the working of competition law in countries with regulated markets and in the cluster of Central American countries, among others. At the heart of the presentation are nine chapters detailing the competition regimes of the most active national jurisdictions in the region—Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Paraguay, Peru, and Uruguay. Written by practicing experts with considerable hands-on experience in their respective countries, each of these chapters provides a comprehensive description and explanation of the evolution, current state, and prospects for antitrust in the country. Topics addressed in the country analysis encompass the following and more: relevant institutions and legislation; cartel investigations; unilateral conduct policies; merger review; international coordination; enforcement; and remedies. Each chapter includes an analysis of relevant case law, allowing the reader to gauge the positions, views, and tendencies of each competition law regime. The contributors also pay attention to the specificities and idiosyncrasies that are so important for a correct understanding of the practical realities of competition policy and enforcement. With its wide-ranging and in-depth approach, this book provides an incomparable analysis of a challenging region poised to become increasingly important in the international recognition and enforcement of antitrust law. It is in this sense an essential guide for lawyers, economists, corporations, academics, and government officials interested in understanding where competition law is, and where it is going to, in Latin America.

Author : Inter-American Development Bank
Publisher : Org. for Economic Cooperation & Development
Page : 410 pages
File Size : 40,5 Mb
Release : 2006-11-09
Category : Business & Economics
ISBN : STANFORD:36105122739050

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Competition Law and Policy in Latin America by Inter-American Development Bank Pdf

Contains the results of peer reviews of the competition law and policies of Argentina, Brazil, Chile, Mexico, and Argentina.

Author : Marco Botta
Publisher : Kluwer Law International B.V.
Page : 442 pages
File Size : 54,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134028

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Merger Control Regimes in Emerging Economies by Marco Botta Pdf

When emerging economies draft competition law and begin to enforce it, they usually draw on the EU and US competition law systems. However, significant country-specific legal and practical variations tend to arise quickly, making it imperative for international business lawyers to acquire more than a passing knowledge of competition legislation and relevant case law in these countries. Now for the first time a thoroughly researched book provides an in-depth empirical analysis of the legal problems raised for competition, and especially for merger control and its enforcement, in emerging economies, using a case study approach in the Brazilian and Argentinean contexts to reveal paradigmatic trends. Brazil and Argentina are chosen not only because they are among the major trading jurisdictions in the developing world, but also because they have each established a track record of over a decade in formulating and enforcing a system of merger control. The author describes and analyses all Brazilian and Argentinean legislation in the field of competition law, as well as the main merger decisions adopted by the competition authorities and the judgements held by the courts of these countries. The book thoroughly covers the system of competition law currently enforced in each country, as well as the main innovations of proposed new competition law currently pending in Brazil. In addition, the author draws on field interviews with competition lawyers and officers of competition authorities conducted between April and July 2008 in Buenos Aires, Brasilia, and São Paulo. The analysis considers such issues as the following: y impact of M & As on the level of competition in the markets of developing countries; y enforcement of competition law and the judiciary; y criteria for notification of economic concentrations; y application of econometric tests to define the relevant market and the degree of market concentration.

Author : I. De Leon
Publisher : Kluwer Law International B.V.
Page : 684 pages
File Size : 55,9 Mb
Release : 2009-04-20
Category : Law
ISBN : 9789041144379

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An Institutional Assessment of Antitrust Policy by I. De Leon Pdf

Antitrust policy nominally plays an instrumental public interest role. The generally accepted notion is that it is a government instrument designed to intervene in relatively unregulated markets in order to preserve rivalry among independent buyers and sellers. Competition authorities are supposed to restrain business conduct that exercises monopoly power aimed at excluding competitors or exploiting consumers and clients. Thus it can be said – although few pro-market theorists make the insight explicit – that antitrust provisions reveal mistrust of the capacity of markets to promote social welfare. The inner logic, enforcement mechanisms, and practical outcomes of antitrust provisions are all intrinsically contradictory to the natural dynamic course of market functioning. In Dr. De Leon’s challenging thesis, this mistrust of the market lies at the root of antitrust policy, giving rise always to a preference towards ‘predicting’ the result of impersonal market forces rather than interpreting the entrepreneurial behaviour which creates those forces. And it is in Latin America that he finds the powerful evidence he needs to support his case. From the formative years of Latin American economic institutions, during the Spanish Empire, economic regulations – far from being driven by the pursuit of promoting free trade and economic freedom – have been conceived, enacted and implemented in the context of deeply anti-market public policies, trade mercantilism and government dirigisme. The so-called “neoliberal” revolution of the 1990s triggered by the Washington Consensus did not really change the interventionist innuendo of these policies, but merely restated the social welfare goal to be achieved: the pursuit of economic efficiency. Dr. De Leon presents his case against the assumption that consumer welfare orientated policies such as antitrust do really promote entrepreneurship and market goals. Paradoxically, antitrust enforcement has undermined the transparency of market institutions, in the name of promoting market competition. The author’s provocative analysis marshals several sets of facts in support of his thesis, including the actual functioning of antitrust policy as reflected in case law in various Latin American countries, the preference of merger control over other less intrusive forms of market surveillance, the constrained role of competition advocacy against government acts, and the ineffective institutional structure created to apply the policy. Among the many specific topics treated are the following: government immunity; strategic industries; state-owned enterprises; politically influential groups; measurement of market concentration; the burden of proof of social welfare benefits; the role of joint trade associations and professional guilds; institutional arrangements that favour collusion; selective distribution; sector regulation; erosion of property rights; marginal role of courts in the antitrust system; leniency programs; and privatized public utilities. The growing significance of Latin America in the context of economic globalization endows this book with huge international interest. Written by a leading authority on the topic, this is the first book that presents a detailed description of Latin American antitrust law and policy as it has been developed through numerous judicial opinions. A wide variety of audiences around the world will find it of extraordinary value: competition law specialists, scholars and students of the subject, policymakers and politicians in Latin America, as well as all interested lawyers, jurists, and economists.

Author : Claudia Schatan,Eugenio Rivera Urrutia
Publisher : Springer Science & Business Media
Page : 252 pages
File Size : 41,9 Mb
Release : 2008-07-11
Category : Political Science
ISBN : 9780387784335

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Competition Policies in Emerging Economies by Claudia Schatan,Eugenio Rivera Urrutia Pdf

As countries large and small, rich and poor are drawn inexorably into the global economy, protectionist policies are proving increasingly inefficient and ineffective for driving growth. The countries of Latin America, which have long pursued agendas of state ownership and heavy regulation of key industries, began to institute a series of reforms in the 1980s and 1990s, designed to promote competition and business creation. However, without the legal and institutional framework to support these policies (and thus guarantee resource-efficient behavior on the part of business owners), the record has been spotty at best. Competition Policies in Emerging Economies features in-depth analysis of two key industries—telecommunications and banking—in several Central American nations to shed light on the dynamics of the transition to deregulation and trade liberalization, and learn from the experiences of these economies. This book has a three-fold purpose: (1) to examine the competition conditions and policies of small developing countries of Central America (and hence cover an area where very little information exists); (2) develop an in-depth analysis of regulation and competition policies in two key industrial sectors with poor competition records (telecommunications and banking); (3) link the former results analysis with other international experiences, in order to derive research and policy recommendations that can be applied to other small, developing, and emerging economies. Featuring discussion of political, legal, economic, financial, cultural, and organization-level issues, the book provides unique perspectives on the forces resisting competitive practices and offers suggestions for overcoming them.

Author : John Kwoka
Publisher : Unknown
Page : 160 pages
File Size : 54,5 Mb
Release : 2020-05-05
Category : Business & Economics
ISBN : 1950769577

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Controlling Mergers and Market Power by John Kwoka Pdf

This is an important and timely contribution from a prominent antitrust economist and policy advisor. It has been many decades since questions about antitrust enforcement have been so prominent in political, economic, and scholarly debate. Mergers in countless industries, rising concentration throughout the economy, and the dominance of tech giants have brought renewed attention to the role and the responsibility of antitrust policy.

Author : A. Nigel Parr,Roger J. Finbow,Matthew J. Hughes
Publisher : Sweet & Maxwell
Page : 970 pages
File Size : 43,8 Mb
Release : 2005
Category : Business & Economics
ISBN : 0421861002

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UK Merger Control by A. Nigel Parr,Roger J. Finbow,Matthew J. Hughes Pdf

The second edition of this book provides a definitive statement of the law relating to UK merger control following the wide-ranging changes to the merger control system being introduced by the Enterprise Act, during the second half of 2003

Author : OECD
Publisher : OECD Publishing
Page : 64 pages
File Size : 54,9 Mb
Release : 2003-05-27
Category : Electronic
ISBN : 9789264101258

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Hard Core Cartels Recent progress and challenges ahead by OECD Pdf

This book reviews progress in the fight against hard core cartels. It quantifies the harm caused by cartels and identifies improved methods of investigation. It also examines progress in strengthening sanctions against businesses and individuals.

Author : Eleanor Fox,Daniel Sokol
Publisher : Bloomsbury Publishing
Page : 522 pages
File Size : 51,8 Mb
Release : 2009-08-05
Category : Law
ISBN : 9781847315298

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Competition Law and Policy in Latin America by Eleanor Fox,Daniel Sokol Pdf

This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet, these laws and agencies are relatively young. The relative youth of Latin American competition agencies and the institutional and political environment in which they operate limit the ability of agencies to effectively address anti-competitive conduct. Competition policy is a tool to overcome anti-market traditions in Latin America. Effective competition policy is critical to assisting in the growth of Latin American economies, their global competitiveness, and improving the welfare of domestic consumers. This book provides new region specific insights on how to better achieve these aims. This authoritative volume will be of particular interest to competition agencies, academics in law, economics and Latin American Studies, practitioners around the world in the areas of antitrust and competition policy, policymakers, and journalists.

Author : OECD,Inter-American Development Bank
Publisher : OECD Publishing
Page : 404 pages
File Size : 55,5 Mb
Release : 2006-10-20
Category : Electronic
ISBN : 9789264015142

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Competition Law and Policy in Latin America Peer Reviews of Argentina, Brazil, Chile, Mexico and Peru by OECD,Inter-American Development Bank Pdf

Contains the results of peer reviews of the competition law and policies of Argentina, Brazil, Chile, Mexico, and Argentina.

Author : Porter Elliott
Publisher : Sweet & Maxwell
Page : 830 pages
File Size : 43,5 Mb
Release : 2011
Category : Law
ISBN : 9781908239068

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Merger Control by Porter Elliott Pdf

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.

Author : Fevzi Toksoy,Bahadir Balki,Hanna Stakheyeva
Publisher : Kluwer Law International B.V.
Page : 264 pages
File Size : 50,7 Mb
Release : 2022-05-11
Category : Law
ISBN : 9789403543048

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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.