Merger Control in Post-Communist Countries PDF Download
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Author: Jurgita Malinauskaite
Publisher: Routledge
ISBN: 1136896392
Category : Business & Economics
Languages : en
Pages : 313
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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. The book will analyse the merger control regimes in Estonia, Latvia and Lithuania, Slovenia and Slovakia.
Author: Jurgita Malinauskaite
Publisher: Routledge
ISBN: 1136896392
Category : Business & Economics
Languages : en
Pages : 313
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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. The book will analyse the merger control regimes in Estonia, Latvia and Lithuania, Slovenia and Slovakia.
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: Fevzi Toksoy
Publisher: Kluwer Law International B.V.
ISBN: 9403543043
Category : Law
Languages : en
Pages : 264
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Book Description
As a country on the way to integration with the European Union (EU), Turkey has been following EU principles in establishing and improving its merger control regime, as well as overall competition law, keeping pace with changes in relevant EU legislation and case law. This book presents, for the first time, a description and analysis of the relationship between the EU and Turkish merger control law and practice. The second edition of the book considers the legislative changes that occurred in 2020-2021, including the reform of the Turkish Competition Law which introduced the significant impediment to effective competition (SIEC) test into the Turkish concentration control. The authors—all three, both practicing lawyers and academicians in Turkey—focus on comparing substantive, procedural and jurisdictional issues and draw parallels on their regulation in the two jurisdictions. These matters include the following: determining whether a transaction shall be regarded as a notifiable merger, hence be subject to control; financial thresholds used for allocating jurisdictions; extraterritoriality of merger control; relationship between the SIEC test and the dominance test; determination of the relevant market; techniques used for assessment of horizontal and non-horizontal mergers; notification requirements; procedural duties of competition authorities in relation to remedies; third-party rights; gun-jumping fines and other sanctions for failure to comply with merger control requirements; and peculiarities of assessment of mergers in the Big Data world. Each chapter provides an overview of the respective issues in the EU and Turkey, projecting a clear understanding of the main similarities and differences in the two regimes. A notable feature is an in-depth analysis of applicable case law concerning each issue, with most of the Turkish decisions available in English for the first time. The book’s comparative approach will prove to be of great value. With its clear answers to questions about what transactions are subject to merger control, what criteria are used in assessing those transactions, and the main issues that a foreign company should be aware of while merging with another foreign company with effect in Turkey and/or EU, the book will be of immeasurable value for lawyers and their business clients dealing with multijurisdictional merger cases. Interested academics and policymakers will also find much here to attract their attention.
Author: Ioannis Kokkoris
Publisher: Routledge
ISBN: 1136936289
Category : Business & Economics
Languages : en
Pages : 391
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Book Description
This book addresses the phenomenon of mergers that may result in non-coordinated effects in oligopolistic markets. Such cases are sometimes referred to as "non-collusive oligopolies", or "gap cases" and there is a concern that they might not be covered by the substantive test that some Member States use for merger assessment. Ioannis Kokkoris examines the argument that the European Community Merger Regulation (Regulation 4064/89) did not capture gap cases and considers the extent to which the revised substantive test in Regulation 139/2004 deals with the problem of non-collusive oligopolies. The author identifies actual examples of mergers that gave rise to a problem of non-coordinated effects in oligopolistic markets, both in the EU and in other jurisdictions, and analyses the way in which these cases were dealt with in practice. The book considers legal systems such as United Kingdom, United States, Australia and New Zealand. The book investigates whether there is any difference in the assessment of non-collusive oligopolies between the various substantive tests which have been adopted for merger assessment in various jurisdictions. The book also looks at the various methodological tools available to assist competition authorities and the professional advisers of merging firms to identify whether a particular merger might give rise to anticompetitive effects and explores the type of market structure in which a merger is likely to lead to non-coordinated effects in oligopolistic markets.
Author: A. Nigel Parr
Publisher: Sweet & Maxwell
ISBN: 9780421861008
Category : Business & Economics
Languages : en
Pages : 970
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Book Description
The second edition of this book provides a definitive statement of the law relating to UK merger control following the wide-ranging changes to the merger control system being introduced by the Enterprise Act, during the second half of 2003
Author: Xingyu Yan
Publisher: Taylor & Francis
ISBN: 1040270565
Category : Law
Languages : en
Pages : 236
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Book Description
This book presents a comprehensive review of the Chinese and European responses to the abuse of market dominance, with a focus on the impact of antitrust institutional dynamics on enforcement decisions. It uses the methods of functional comparison and case analysis to investigate how theories of harm relating to specific types of abuse differ within and across competition law regimes due to institutional dynamics. The Chinese and EU competition law regimes serve as excellent examples for this investigation because they have similar substantive laws on paper but vastly different institutional settings. The book examines—first individually and then comparatively—how the distinct institutional dynamics in the Chinese and EU regimes shape the development of theories of harm. This volume will appeal to competition law scholars, students, and practitioners seeking a more nuanced understanding of how competition law works in the EU and China. It will also interest scholars trying to approach the Chinese legal system from an engaging rather than alienating standpoint.
Author: Eda Şahin
Publisher: Routledge
ISBN: 1351068709
Category : Law
Languages : en
Pages : 183
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Book Description
Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.
Author: Alptekin Koksal
Publisher: Taylor & Francis
ISBN: 1000995844
Category : Law
Languages : en
Pages : 157
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Book Description
Recent studies on competition law and digital markets reveal that accumulating personal information through data collection and acquisition methods benefits consumers considerably. Free of charge, fast and personalised services and products are offered to consumers online. Collected data is now an indispensable part of online businesses to the point that a new economy, a data-driven sector, has emerged. Many markets such as the social network, search engine, online advertising and e-commerce are regarded as data-driven markets in which the utilisation of Big Data is a requisite for the success of operations. However, the accumulation and use of data brings competition law concerns as they contribute to market power in the online world, resulting in a few technology giants gaining unprecedented market power due to the Big Data accumulation, indirect network effects and the creation of online ecosystems. As technology giants have billions of consumers worldwide, data-driven markets are truly global. In these data-driven markets, technology giants abuse their dominant positions, but existing competition law tools seem ineffective in addressing market power and assessing abusive behaviour related to Big Data. This book argues that a novel approach to the data-driven sector must be developed through the application of competition law rules to address this. It argues that current and potential conflicts can be mitigated by extending the competition law assessment beyond the current competition law tools to offer a modernised and unified approach to the Big Data–related competition issues. Promoting new legal tests for addressing the market power of technology giants and assessing abusive behaviour in data-driven markets, this book advocates for cooperation between competition and data protection authorities. It will be of interest to students, academics and practitioners with an interest in competition law and data protection.
Author: Ko Unoki
Publisher: Routledge
ISBN: 100075989X
Category : Political Science
Languages : en
Pages : 173
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Book Description
Most of the competition laws currently enforced by states aim to protect consumer welfare and promote fair competition by regulating against anticompetitive behavior. Yet despite the shared objectives the global community does not have a common global competition law. In exploring the reasons for this, this book takes a unique interdisciplinary approach by using international relations theories to illustrate the relationship between the enforcement of competition laws and international relations through an analysis of competition cases relating to cartels, extraterritoriality, and corporate mergers and acquisitions. Through an examination of this relationship, this book will consider why the views held by state leaders on the condition of international relations may at times lead them to either arbitrarily over-enforce or disregard their competition laws to the detriment of fair competition and consumer welfare. This book also provides suggestions for global business investors who face competition law issues on how they may accommodate such views.
Author: Jan Walulik
Publisher: Routledge
ISBN: 1351134892
Category : Law
Languages : en
Pages : 277
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Book Description
Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation. The book focuses on discrepancies within the regulatory and antitrust framework, comprehensively reveals the major legal limitations and conflicts, and presents possible solutions thereto. It discusses possible strategies for multilateralisation and defragmentation of air law, and for international harmonisation of airline economic regulation with fair competition standards. This discussion extends to competition between air transport law and other legal regimes as well as to specific regulatory problems related to air transport. The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent the world’s key air transport markets and air law academic centres. By providing unbiased solutions that could serve as a base for future international arrangements, this book will be invaluable for aviation professionals, as well as students and scholars with an interest in air law, economic regulation, antitrust studies, international relations, transportation policy and airline management.
