The Efficiency Defence and the European System of Merger Control PDF Download
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Author:
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 218
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Book Description
Author:
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 218
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Book Description
Author: F. Ilzkovitz
Publisher: Edward Elgar Publishing
ISBN: 9781845424916
Category : Consolidation and merger of corporations
Languages : en
Pages : 0
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Book Description
During its first 15 years, the EU's merger control system offered only minimal possibilities for taking efficiency gains into account as a mitigating factor that might offset the anti-competitive effects of a merger. The policy changed in May 2004 and this book examines the background to that change.
Author: François Terranova
Publisher:
ISBN:
Category :
Languages : en
Pages : 48
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Book Description
Author: Catalin Stefan Rusu
Publisher: Kluwer Law International B.V.
ISBN: 9041132597
Category : Business & Economics
Languages : en
Pages : 306
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Book Description
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.
Author: Petri Kuoppamäki
Publisher:
ISBN:
Category :
Languages : en
Pages : 46
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Book Description
Since 2004, EU merger control guidelines state the Commission will consider efficiencies as a part of its evaluation. We show evidence that despite the guidelines, current EU regulatory practice contains no effective efficiency defence. We investigate empirically all EU merger control decisions from 1991 to 2014, with an emphasis on Article 8 decisions since 2004. Parties have raised efficiency arguments only 21 times since 2004. In fact, the Commission appears slightly more likely than the parties to raise efficiency arguments. Efficiency defence cases represent only 3% of all cases but 31% of Article 8 cases. In critical cases, however, efficiency arguments appear to never have been decisive in Commission practice. We discuss the reasons for this scarcity. To successfully raise an efficiency defence, parties would need to show the merger specificity of efficiencies, show the efficiencies flow to consumers, and show the efficiencies affect variable costs in addition to fixed costs. Meeting this high standard has so far appeared impossible. The parties may currently feel raising efficiency issues signals weakness in the rest of their argument. We raise the possibility of requesting mandatory disclosure of a limited set of efficiency arguments in order to get started on regulatory evaluation of merger efficiencies. We discuss the advantages and disadvantages of such an approach.
Author: Veronika Minkova
Publisher: GRIN Verlag
ISBN: 3656016674
Category : Law
Languages : en
Pages : 29
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Book Description
Essay from the year 2011 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 1,3, University of Reading, course: European Competition Law, language: English, abstract: The first section of the present essay discusses historically the European Commission's approach towards efficiencies. The second section elaborates on the choice of welfare standards and explains the European approach of adopting the consumer welfare standard. The third section outlines types of efficiencies according to the economic literature. The fourth section discusses the three cumulative conditions of the European Commission in order to consider efficiency claims. The next section reveals the Commission decisional practice in cases of efficiency claims and analyses its development. In the last chapter more attention is paid to theory and practice of efficiencies in cases of non-horizontal mergers.
Author: France. Direction des affaires économiques et financières
Publisher:
ISBN:
Category :
Languages : en
Pages : 194
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Book Description
Author: Damien J. Neven
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 330
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Book Description
In this recent volume, the authors react to the latest development in the European Community--the EC Merger Regulation--approved by the European Council of Ministers and analyze how this decision will impact mergers and regulation in the future for Europe.
Author: Jurgita Malinauskaite
Publisher: Routledge
ISBN: 1136896384
Category : Business & Economics
Languages : en
Pages : 367
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Book Description
This book provides a critical analysis of merger control regimes in the former socialist countries with small market economies, looking at the unique challenges facing these economies. Questions will be asked as to what extent these countries have had to follow dictation from the EU and whether this implementation of EU merger control rules has been justified from the point of view of these countries' economic situations. The book will analyse the merger control regimes in Estonia, Latvia and Lithuania, Slovenia and Slovakia. However, reference will be made to other small market economies of the EU including Cyprus, Ireland, Luxembourg and Malta in order to evaluate the particular difficulties the former socialist countries with small market economies have had in the implementation and further development of merger control rules.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 53
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Book Description
