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Author: Dimitris Liakopoulos
Publisher: Grin Publishing
ISBN: 9783668599123
Category :
Languages : en
Pages : 388
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Book Description
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
Author: Dimitris Liakopoulos
Publisher: Grin Publishing
ISBN: 9783668599123
Category :
Languages : en
Pages : 388
Get Book Here
Book Description
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
Author:
Publisher:
ISBN: 9781904673354
Category :
Languages : en
Pages : 63
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Book Description
Author: Qian Li
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783848775880
Category : Law
Languages : en
Pages : 0
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Book Description
Although more jurisdictions have converted to competition-based merger control rules, public interest considerations, i.e., non-competition-related considerations, still play a significant role. This work examines and compares their roles in merger control of the USA, the EU and China. These considerations have been taken into account in all three jurisdictions but to varying degrees. The convergence of the US and EU to the consumer welfare path has created international competition norms that public interest considerations would not be accepted to a high degree. Such norms might be challenged by China that has adopted a development path. Finally, this work proposes a three-approach regime to rationalize public interest considerations.
Author: François Lévêque
Publisher: Edward Elgar Publishing
ISBN: 9781781957646
Category : Law
Languages : en
Pages : 240
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Book Description
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: Dimitris Liakopoulos
Publisher: BRILL
ISBN: 9047431146
Category : Law
Languages : en
Pages : 248
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Book Description
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: Thomas Papadopoulos
Publisher: Springer Nature
ISBN: 3030227537
Category : Law
Languages : en
Pages : 511
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Book Description
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: Christin Forstinger
Publisher: Springer
ISBN: 9789041119193
Category : Law
Languages : en
Pages : 208
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Book Description
Author: Qian Li
Publisher:
ISBN: 9783748937210
Category :
Languages : de
Pages : 0
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Book Description
Author: Steven Willem Curfs
Publisher:
ISBN:
Category : Consolidation and merger of corporations
Languages : en
Pages : 256
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Book Description
"Merger review has gained in importance in both Canada and the European Union since the enactment of the Competition Act in 1986 and the Merger Regulation in 1989 respectively. The increase in international trade and the globalization of the world economy have forced both jurisdictions to reform the relevant provisions of their Competition law as concerns mergers in order to keep pace with these rapid changes." --
Author: Esat Çınar
Publisher:
ISBN: 9783339139689
Category :
Languages : en
Pages : 0
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Book Description
