Failing Firm Defence Under the Clayton Act

Failing Firm Defence Under the Clayton Act PDF Author: Ioannis Kokkoris
Publisher:
ISBN:
Category :
Languages : en
Pages : 10

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Book Description
This article deals with some important and complex issues which concern the assessment of a merger involving a failing firm. Competition authorities have recognised the importance of a merger/acquisition in avoiding bankruptcy as well as the impact of the failing firm defence on entry in the market and the role of potential dynamic or innovative efficiencies and have taken into account the financial distress in which a company may be in the assessment of mergers involving the said company. Both the EU and US competition legislation mention explicitly the “failing firm defence”. The case law has provided further impetus to the development of the defence in both jurisdictions.

Failing Firm Defence Under the Clayton Act

Failing Firm Defence Under the Clayton Act PDF Author: Ioannis Kokkoris
Publisher:
ISBN:
Category :
Languages : en
Pages : 10

Get Book Here

Book Description
This article deals with some important and complex issues which concern the assessment of a merger involving a failing firm. Competition authorities have recognised the importance of a merger/acquisition in avoiding bankruptcy as well as the impact of the failing firm defence on entry in the market and the role of potential dynamic or innovative efficiencies and have taken into account the financial distress in which a company may be in the assessment of mergers involving the said company. Both the EU and US competition legislation mention explicitly the “failing firm defence”. The case law has provided further impetus to the development of the defence in both jurisdictions.

Comparing the US & the EU Failing Firm Defense

Comparing the US & the EU Failing Firm Defense PDF Author: Marianela López-Galdos
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
The purpose of this paper is to compare the failing firm defense under the European Union and the United States antitrust regimes. In order to do so, the relevant case law and regulations will be studied. Moreover, to better understand the difficulties that the enforcement of the failing company defense brings about, the main problems of the application of this doctrine will be explained. Finally, other considerations such as efficiencies and social and environmental concerns related to the failing firm defense will be explored.

The EU Merger Regulation

The EU Merger Regulation PDF Author: Alistair Lindsay
Publisher: Sweet & Maxwell
ISBN: 041404844X
Category : Law
Languages : en
Pages : 849

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Book Description
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

The Antitrust Paradox

The Antitrust Paradox PDF Author: Robert Bork
Publisher:
ISBN: 9781736089712
Category :
Languages : en
Pages : 536

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Book Description
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.

Federal Antitrust and EC Competition Law Analysis

Federal Antitrust and EC Competition Law Analysis PDF Author: Femi Alese
Publisher: Routledge
ISBN: 1351936794
Category : Law
Languages : en
Pages : 635

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Book Description
This book provides the reader with a comprehensive analysis of US Federal Antitrust and EC Competition Law. It is encyclopaedic in coverage: examining every constituent element of the law and landmark decisions from the perspectives of economics and policy goals, explaining their implications for commercial operations and advocating policy reforms where necessary.

Newspaper Preservation Act

Newspaper Preservation Act PDF Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 722

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Book Description
Considers S. 1520, to exempt from the antitrust laws certain combinations and arrangements necessary for the survival of failing newspapers.

Research Handbook on Global Merger Control

Research Handbook on Global Merger Control PDF Author: Ioannis Kokkoris
Publisher: Edward Elgar Publishing
ISBN: 180037819X
Category : Law
Languages : en
Pages : 685

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Book Description
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.

Monetary History, Exchange Rates and Financial Markets

Monetary History, Exchange Rates and Financial Markets PDF Author: Charles Albert Eric Goodhart
Publisher: Edward Elgar Publishing
ISBN: 1781950784
Category : Business & Economics
Languages : en
Pages : 295

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Book Description
Monetary History, Exchange Rates and Financial Markets is an impressive collection of original papers in honour of Charles Goodhart's outstanding contribution to monetary economics and policy. Charles Goodhart has written extensively on many of these topics and has become synonymous with his field; the chapters within this book offer a summary of current thinking on his own research subjects and include perspectives on controversies surrounding them.

The Multinational Enterprise and Legal Control

The Multinational Enterprise and Legal Control PDF Author: Cynthia Day Wallace
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041117892
Category : Law
Languages : en
Pages : 1364

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Book Description
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.

In Defense of Monopoly

In Defense of Monopoly PDF Author: Richard B. McKenzie
Publisher: University of Michigan Press
ISBN: 0472901141
Category : Business & Economics
Languages : en
Pages : 554

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Book Description
In Defense of Monopoly offers an unconventional but empirically grounded argument in favor of market monopolies. Authors McKenzie and Lee claim that conventional, static models exaggerate the harm done by real-world monopolies, and they show why some degree of monopoly presence is necessary to maximize the improvement of human welfare over time. Inspired by Joseph Schumpeter's suggestion that market imperfections can drive an economy's long-term progress, In Defense of Monopoly defies conventional assumptions to show readers why an economic system's failure to efficiently allocate its resources is actually a necessary precondition for maximizing the system's long-term performance: the perfectly fluid, competitive economy idealized by most economists is decidedly inferior to one characterized by market entry and exit restrictions or costs. An economy is not a board game in which players compete for a limited number of properties, nor is it much like the kind of blackboard games that economists use to develop their monopoly models. As McKenzie and Lee demonstrate, the creation of goods and services in the real world requires not only competition but the prospect of gains beyond a normal competitive rate of return.