The Regulation Of Transnational Mergers In International And European Law

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The Regulation of Transnational Mergers in International and European Law

Dimitris Liakopoulos,Armando Marsilia
The Regulation of Transnational Mergers in International and European Law Book PDF

Author : Dimitris Liakopoulos,Armando Marsilia
Publisher : BRILL
Page : 248 pages
File Size : 43,9 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.

A Comparative Analysis of EU and US Transnational Mergers Regulation

Dimitris Liakopoulos
A Comparative Analysis of EU and US Transnational Mergers Regulation Book PDF

Author : Dimitris Liakopoulos
Publisher : Grin Publishing
Page : 388 pages
File Size : 41,6 Mb
Release : 2017-12-29
Category : Electronic
ISBN : 3668599122

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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 agreem

International Merger Policy

Julie Clarke
International Merger Policy Book PDF

Author : Julie Clarke
Publisher : Edward Elgar Publishing
Page : 335 pages
File Size : 55,8 Mb
Release : 2014-04-25
Category : Law
ISBN : 9781781000021

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International Merger Policy by Julie Clarke Pdf

International Merger Policy offers a compelling comparative assessment of domestic and regional merger laws and procedures. Identifying important areas of convergence and emerging best practice, it considers existing levels of international cooperation

Globalization and the Limits of National Merger Control Laws

Joseph Wilson
Globalization and the Limits of National Merger Control Laws Book PDF

Author : Joseph Wilson
Publisher : Kluwer Law International B.V.
Page : 402 pages
File Size : 41,7 Mb
Release : 2003-02-01
Category : Business & Economics
ISBN : 9789041119964

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Globalization and the Limits of National Merger Control Laws by Joseph Wilson Pdf

"The proliferation of merger control laws, in the absence of a mechanism to coordinate the transnational merger review, places an unnecessary burden on merging parties, and runs the risk of divergent outcomes, which at times cause friction among nation-states." --

Cross-Border Mergers and Acquisitions and the Law:A General Introduction

Norbert Horn
Cross Border Mergers and Acquisitions and the Law A General Introduction Book PDF

Author : Norbert Horn
Publisher : Springer
Page : 0 pages
File Size : 42,7 Mb
Release : 2001-12-21
Category : Business & Economics
ISBN : 904111680X

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Cross-Border Mergers and Acquisitions and the Law:A General Introduction by Norbert Horn Pdf

Cross-border mergers and acquisitions are an imperative part of the accelerated economic globalization of our time. Cross-border transaction volume now accounts for almost one-third of global M & A activity and this number will only increase as business world-wide continues to expand.; The complex legal issues to be handled in such transactions encompass the co-ordination of different concepts of corporate governance and capital market regulations in the laws involved, as mirrored by the intense debate on M & A law making within the European Union, and for example, Germany. Lawyers engaged in the.

Cross-Border Mergers

Thomas Papadopoulos
Cross Border Mergers Book PDF

Author : Thomas Papadopoulos
Publisher : Springer Nature
Page : 511 pages
File Size : 43,5 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.

Law and Economics in European Merger Control

Ulrich Schwalbe,Daniel Zimmer
Law and Economics in European Merger Control Book PDF

Author : Ulrich Schwalbe,Daniel Zimmer
Publisher : OUP Oxford
Page : 480 pages
File Size : 42,6 Mb
Release : 2009-10-01
Category : Law
ISBN : 9780199571819

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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.

The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets

Rachel Alemu
The Liberalisation of the Telecommunications Sector in Sub Saharan Africa and Fostering Competition in Telecommunications Services Markets Book PDF

Author : Rachel Alemu
Publisher : Springer
Page : 389 pages
File Size : 54,9 Mb
Release : 2018-02-02
Category : Law
ISBN : 9783662553183

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The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets by Rachel Alemu Pdf

This study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector. Using Uganda as a case study, it analyses the relevant provisions of the law governing competition in the telecommunications sector, and presents three key findings: Firstly, while there is comprehensive legislation on interconnection and spectrum management, inefficient enforcement of the legislation has perpetuated concerns surrounding spectrum scarcity and interconnection. Secondly, the legislative framework governing anti-competitive behaviour, though in line with the established principles of competition law, is not sufficient. Specifically, the framework is not equipped to govern the conduct of multinational telecommunications groups that have a strong presence in the telecommunications sector. Major factors hampering efficient competition regulation include Uganda’s sole reliance on sector-specific competition rules, restricted available remedies, and a regulator with limited experience of enforcing competition legislation. The weaknesses in the framework strongly suggest the need to adopt an economy-wide competition law. Lastly, wireless technology is the main means through which the population in Uganda accesses telecommunications services. Greater emphasis should be placed on regulating conduct in the wireless communications markets.

Cross-Border Mergers and Acquisitions

Mohammad Bedier
Cross Border Mergers and Acquisitions Book PDF

Author : Mohammad Bedier
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 49,5 Mb
Release : 2018-09-28
Category : LAW
ISBN : 9781788110891

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Cross-Border Mergers and Acquisitions by Mohammad Bedier Pdf

This book provides the reader with an overview of the origin of corporations and the history of mergers and acquisitions. It demystifies the dynamics of mergers and identifies the unique impediments facing cross-border mergers and acquisitions, with great attention to the pre-merger control laws and regulations, in several regions (US, EU, and Middle East). Most importantly, it discusses and assesses merger deregulation and other key reforming proposals.

Brownlie's Principles of Public International Law

James Crawford,Ian Brownlie
Brownlie s Principles of Public International Law Book PDF

Author : James Crawford,Ian Brownlie
Publisher : Oxford University Press, USA
Page : 873 pages
File Size : 41,8 Mb
Release : 2019
Category : LAW
ISBN : 9780198737445

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Brownlie's Principles of Public International Law by James Crawford,Ian Brownlie Pdf

Serving as a single volume introduction to the field as a whole, this ninth edition of Brownlie's Principles of International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level.

International Cooperation, Competition Authorities and Transnational Networks

Mateusz Błachucki
International Cooperation Competition Authorities and Transnational Networks Book PDF

Author : Mateusz Błachucki
Publisher : Taylor & Francis
Page : 225 pages
File Size : 54,9 Mb
Release : 2023-11-30
Category : Law
ISBN : 9781003802662

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International Cooperation, Competition Authorities and Transnational Networks by Mateusz Błachucki Pdf

This book presents a comprehensive study of the emergence, functioning and evolution of international cooperation among competition authorities. It presents an in-depth look at network cooperation taking place within international organisations, as well as networks based on binding international agreements and various informal networks, among others. It further identifies and analyses the forms of international cooperation among national competition authorities (NCAs) that are taking place within transnational competition networks. The book classifies these forms of cooperation by grouping them into three stages – soft, developed and enhanced cooperation – discussing each in detail. It thus reflects the evolution of the international cooperation process and provides insights as to its possible development. This work will be of interest to researchers, academics and advanced students in the fields of competition law, public administration, international relations and those interested in international competition law and its contribution to global public governance.

From Negotiation to Antitrust Clearance:National and International Mergers in the Third Millennium

Sonia Cortes,Association internationale des jeunes avocats
From Negotiation to Antitrust Clearance National and International Mergers in the Third Millennium Book PDF

Author : Sonia Cortes,Association internationale des jeunes avocats
Publisher : Kluwer Law International B.V.
Page : 498 pages
File Size : 46,7 Mb
Release : 2002-07-19
Category : Business & Economics
ISBN : 9789041117632

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From Negotiation to Antitrust Clearance:National and International Mergers in the Third Millennium by Sonia Cortes,Association internationale des jeunes avocats Pdf

This convenient country-by-country guide to merger control law gives business people and their counsel all the essential information they need to proceed confidently toward a successful transnational merger. For each of twenty major jurisdictions -- including the USA, EU, China, India, Argentina, Brazil, Mexico, the Czech Republic, Vietnam and most EU countries -- this book describes: procedure for antitrust clearance, if necessary rules and criteria for approval restrictions on merger dimensions relevant market definition criteria ancillary restrictions Whenever possible, actual national notification forms are reproduced so they may be prepared in advance. The authors, each an expert in the business law of his or her own country, offer practical advice on managing the transaction and avoiding pitfalls. A detailed general introduction highlights shared patterns, as well as distinctions, among the merger control regimes of the various jurisdictions.

A comparative analysis of EU and US transnational mergers regulation

Dimitris Liakopoulos
A comparative analysis of EU and US transnational mergers regulation Book PDF

Author : Dimitris Liakopoulos
Publisher : GRIN Verlag
Page : 383 pages
File Size : 55,8 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.

The Multinational Enterprise and Legal Control

Cynthia Day Wallace
The Multinational Enterprise and Legal Control Book PDF

Author : Cynthia Day Wallace
Publisher : Martinus Nijhoff Publishers
Page : 1364 pages
File Size : 44,5 Mb
Release : 2002-04-02
Category : Law
ISBN : 904111789X

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The Multinational Enterprise and Legal Control by Cynthia Day Wallace Pdf

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.

Economic and Environmental Regulation of International Aviation

Steven Truxal
Economic and Environmental Regulation of International Aviation Book PDF

Author : Steven Truxal
Publisher : Taylor & Francis
Page : 222 pages
File Size : 47,6 Mb
Release : 2016-12-01
Category : Law
ISBN : 9781317550686

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Economic and Environmental Regulation of International Aviation by Steven Truxal Pdf

The core structure of the regulatory regime for international civil aviation (the ‘Chicago System’) is inter–national. The features of the Chicago System were designed in an era when the world’s airlines were State–owned, and the most pressing international concerns were for navigation and safety regulation. Economic liberalization and intense globalization since the Second World War have impacted on the industry; today, it is global. This book observes the developing governance of global aviation, taking into account the concepts of sovereignty, jurisdiction and territoriality, and the proliferation of actors and participants as partners in a global public policy network, to posit that an upgraded system of global governance for civil aviation helps to explain the emerging complex landscape for global governance of civil aviation. As evidence of the emerging, complex matrix of governance of global aviation, this book identifies and reviews a selection of contemporary, transnational economic and environmental challenges facing the globalized aviation sector, e.g. fair competition safeguards, consumer protection, noise pollution and greenhouse gas emissions, and the respective ‘legal’ and policy actions taken at national level (United Arab Emirates, Qatar and People’s Republic of China), regional level (the European Union) and international level (UN Framework Convention on Climate Change and International Civil Aviation Organization). The book concludes that economic and environmental regulation of international aviation, designed for an inter–national world of yesterday, evolves into global governance of aviation, which is more suited for today’s global world. This book will be of particular interest to scholars and practitioners of aviation law, competition law and environmental law, as well as in the areas of transnational law, global governance and international relations.