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Author: Ioannis Kokkoris
Publisher:
ISBN:
Category :
Languages : en
Pages : 13
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Book Description
In this article we will evaluate whether the application and the efficiency of two types of empirical analysis in the assessment of mergers in jurisdictions applying the dominance and the SLC tests are different due to the application of the different legal substantive test. Thus, we will consider whether the different legal substantive test leads to different application of the empirical analysis or to different assessment of mergers leading to non-coordinated effects by courts, based on the same empirical analysis.We will address two methods of empirical analysis that concern two essential stages in the assessment of a merger. One such type of empirical analysis refers to the assessment of the unilateral effects of the merger on competition and one that is used in the definition of the relevant market. These two methods are the merger simulation and the critical loss analysis respectively. We will investigate their theoretical background and see how these two methods are applied in practice in cases brought before courts in jurisdictions applying the dominance test and the SLC test. The jurisdictions we will focus in this article are the USA and the European Union. The next part of this article briefly deals with the SLC and the dominance test. The second part of this article deals with the mechanics and the case law behind the two above-mentioned empirical methods. Finally, in the last part of this article we will evaluate whether the methodology behind merger simulation, used in the evaluation of the competitive effects, and critical loss analysis, used in market definition, varies depending on the substantive test that competition authorities apply to assess mergers.
Author: Ioannis Kokkoris
Publisher:
ISBN:
Category :
Languages : en
Pages : 13
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Book Description
In this article we will evaluate whether the application and the efficiency of two types of empirical analysis in the assessment of mergers in jurisdictions applying the dominance and the SLC tests are different due to the application of the different legal substantive test. Thus, we will consider whether the different legal substantive test leads to different application of the empirical analysis or to different assessment of mergers leading to non-coordinated effects by courts, based on the same empirical analysis.We will address two methods of empirical analysis that concern two essential stages in the assessment of a merger. One such type of empirical analysis refers to the assessment of the unilateral effects of the merger on competition and one that is used in the definition of the relevant market. These two methods are the merger simulation and the critical loss analysis respectively. We will investigate their theoretical background and see how these two methods are applied in practice in cases brought before courts in jurisdictions applying the dominance test and the SLC test. The jurisdictions we will focus in this article are the USA and the European Union. The next part of this article briefly deals with the SLC and the dominance test. The second part of this article deals with the mechanics and the case law behind the two above-mentioned empirical methods. Finally, in the last part of this article we will evaluate whether the methodology behind merger simulation, used in the evaluation of the competitive effects, and critical loss analysis, used in market definition, varies depending on the substantive test that competition authorities apply to assess mergers.
Author: Marilena Filippelli
Publisher: Edward Elgar Publishing
ISBN: 1781956057
Category : Law
Languages : en
Pages : 363
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Book Description
By examining the issue of collusion in EU and US competition law, this book suggests possible strategies for improving the antitrust enforcement against parallelism, by exploiting the most advanced achievements of economic analysis. The book contains a suggested approach to collusion, in ex ante and ex post perspectives. By moving from the analysis of the state of art, in terms of law, case law, and scholarship, Marilena Filippelli analyses inconsistencies and failures in the current antitrust enforcement toward collusion and develops a workable parameter for the issue of collective dominance. The most innovative part of this work goes beyond the analysis itself of collective dominance and involves the interference of arts. 101 and 102. The conclusion is a re-definition of the relationship between those rulesÑfrom dichotomy to redundancy. Finally, the book highlights the antitrust significance of semi-collusion, as a strategy made of collusion and competition. The author considers economic models equaling, as for the effects, collusion and semi-collusion and the case law supporting the qualification of semi-collusion as a species of collusion. The analysis involves both US and EU systems, under the highly topical economic-oriented approach. It also contains an original view of European antitrust prohibitions. Because of its contents and its approach, this book will be attractive to every academic interested in antitrust law. Moreover, the well-documented research on parallelism, involving law, case law and scholarship, makes this book interesting also for competition authorities and antitrust lawyers.
Author: Ioannis Kokkoris
Publisher: Routledge
ISBN: 1136936297
Category : Business & Economics
Languages : en
Pages : 316
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Book Description
This book addresses the phenomenon of mergers that might result in non-coordinated effects in oligopolistic markets, identifying examples of these mergers both in the EU and in other jurisdictions including the UK, USA, Italy, Hungary, Finland, and Australia, and analyzing how these cases were dealt with in practice.
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: Ioannis Lianos
Publisher: Edward Elgar Publishing
ISBN: 1782546219
Category : Law
Languages : en
Pages : 648
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Book Description
This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 2312
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Book Description
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309142393
Category : Law
Languages : en
Pages : 348
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Book Description
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
Author: Ulrich Schwalbe
Publisher: Oxford University Press
ISBN: 0199571813
Category : Business & Economics
Languages : en
Pages : 477
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Book Description
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.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1192
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Book Description
Author: Massimo Motta
Publisher: Cambridge University Press
ISBN: 9780521016919
Category : Business & Economics
Languages : en
Pages : 650
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Book Description
This is the first book to provide a systematic treatment of the economics of antitrust (or competition policy) in a global context. It draws on the literature of industrial organisation and on original analyses to deal with such important issues as cartels, joint-ventures, mergers, vertical contracts, predatory pricing, exclusionary practices, and price discrimination, and to formulate policy implications on these issues. The interaction between theory and practice is one of the main features of the book, which contains frequent references to competition policy cases and a few fully developed case studies. The treatment is written to appeal to practitioners and students, to lawyers and economists. It is not only a textbook in economics for first year graduate or advanced undergraduate courses, but also a book for all those who wish to understand competition issues in a clear and rigorous way. Exercises and some solved problems are provided.
