eu merger control a legal and economic analysis

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Eu Merger Control

Author : Ioannis Kokkoris
ISBN : 0199644136
Genre : Law
File Size : 72. 13 MB
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Economic issues play a pivotal role in competition enforcement. Integrating economic and legal analysis throughout, this work provides expert coverage of both the substantive and procedural law relating to merger control in the EU, considering EU and national case law. The key substantive and procedural issues in the US are also considered.

Law And Economics In European Merger Control

Author : Ulrich Schwalbe
ISBN : 9780199571819
Genre : Business & Economics
File Size : 31. 46 MB
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Law and Economics in European Merger Control provides a thorough introduction to the economic theory underlying the regulation of mergers. The central economic concepts of efficiency and welfare are introduced and their role in the foundations of competition law is explained. Market structures of perfect competition, monopoly and oligopoly are analysed and the methods for delineating and evaluating the effects of mergers on markets are explained. Having examined the economic context, the book then proceeds to offer an exhaustive analysis of the application of economic theory in the practice of merger regulation in Europe. Through an analysis of more than 300 competition cases the book critiques the current state of EC competition law against its economic aims, and offers views for the future development of the law. It also sets out an account of the European Commission's search for a 'more economic approach' to competition law, and analyses the policy's successes and failures.

Merger Control In The European Union

Author : Edurne Navarro Varona
ISBN : 9780199276059
Genre : Law
File Size : 76. 32 MB
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This second edition of Merger Control in the EU provides the reader with an exhaustive analysis of the European Community rules relating to merger control, including the new EC Merger Regulation 139/2004 of 20 January 2004 which entered into force on 1 May 2004 and the latest interpretive notices adopted by the European Commission. A brand new addition to the book is the companion website which will maintain the currency of the main work after publication; a service that is free of chargeto all who own a copy of the book. The European Commission has exclusive competence to authorise or prohibit concentrations which have a Community dimension. Bearing in mind the economic relevance of these operations, decisions made by the Commission have an extraordinary market impact. This work is an invaluable and precise instrument for legal practitioners and economists, as well as for those undertakings involved in merger operations or acquisitions. It will enable them to become acquainted with the Commission's policy in this field and to guide themselves through the complex procedure of notification in Brussels. It will also be useful for those merger operations which are required to follow the procedure of notification to the national competition authorities in EU Member States, since the Commission's guidelines inspire, to a large extent, the acts and decisions of the national authorities in this field. This book analyses the issues related to merger control not onlyfrom a legal standpoint, but also from an economic one. It is a product of the authors' knowledge and experience in Brussels as officials of DG Competition in the Commission, and as lawyers defending the interests of undertakings involved in the notification procedure.

The Role Of Economic Analysis In The Ec Competition Rules

Author : Doris Hildebrand
ISBN : STANFORD:36105060294928
Genre : Law
File Size : 86. 17 MB
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The scope is on Articles 85 and 86 and the Merger Regulation because those are the EC competition rules applying to businesses.

Analyses L Gales Et Conomiques Sur Les Entreprises Multinationales

Author : Klaus J. Hopt
ISBN : 3110087030
Genre : Antitrust law
File Size : 56. 13 MB
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Legal And Economic Analyses On Multinational Enterprises

Author :
ISBN : OCLC:181791433
Genre : Antitrust law
File Size : 65. 40 MB
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Does Eu Merger Control Discriminate Against Small Market Companies

Author : Mika Oinonen
ISBN : 9789041132611
Genre : Law
File Size : 29. 9 MB
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Although the question posed by the title of this book has generated considerable debate, the essential issue remains open and largely blurred. While some believe that there is no so-called 'small market problem', others discern discrimination against small market companies (i.e., companies with a strong position in their home markets but a modest position in the European and global markets) and a consequent need for changes in competition law. The author of this enormously helpful work here sets the stage for meaningful discussion by analysing the EC Merger Regulation's objectives, economic foundations, and application practice to present a reasoned view of the issues that can be considered relevant for such a discussion. Considering their effect on the 'small market problem', the author scrutinizes such factors as the following: the Commission's methodology for delineating relevant markets in merger assessments; unnecessary prohibition caused by overestimation of the market power of small market mergers; erroneous approval of cases that should actually be prohibited; impact of the so-called 'Harvard' and 'Chicago' schools of competition theory and their key policy implications; process-related alternative views of competition and new synthesizing approaches; relevant criteria for a proper analysis of market power; concentration measures and market shares; barriers to entry; price and profitability analyses; and product definition v. geographic definition of markets. In a final chapter, the author presents some tentative conclusions, normative in nature, concerning the problem and the relevant issues relating to it. As the first in-depth analysis of the issues that are actually involved - with its particular diagnosis of the assessment of market power in considering the relevant issues for the problem - this study brings into salience the terms of the debate on the 'problem', and thus takes a giant step forward towards defining what needs to be done. Competition lawyers, policymakers, and academics in Europe and elsewhere will find the discussion of great value.

Deutschsprachige Zivilrechtslehrer Des 20 Jahrhunderts In Berichten Ihrer Sch Ler Band 2

Author : Stefan Grundmann
ISBN : 9783899496581
Genre : Law
File Size : 44. 92 MB
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Die Ideengeschichte der deutschsprachigen Zivilrechtswissenschaften hat nicht wirklich Konjunktur. Dennoch tut solch eine Ideengeschichte Not: für eine Besinnung auf das Gesamtbild in den deutschsprachigen Rechtswissenschaften selbst, jedoch durchaus auch, um ein Bild der deutschsprachigen Zivilrechtswissenschaften hinauszutragen nach Europa und darüber hinaus. Dies gilt gerade in einer Zeit, in der Ideen zirkulieren und ihr Zirkulieren auch in besonderem Maße geeignet ist, transnationale Rechtswirklichkeit zu prägen. Zu solch einer Ideengeschichte sollen die hier versammelten Einzeldarstellungen deutschsprachiger Zivilrechtslehrer einen Beitrag leisten. Der zweibändigen Edition liegt die Ringvorlesung „Deutschsprachige Zivilrechtslehrer des 20. Jahrhunderts in Berichten ihrer Schüler“ zugrunde, die die Herausgeber an der Humboldt-Universität zu Berlin, der Europa-Universität Viadrina, Frankfurt (Oder), und der Ruhr-Universität Bochum durchgeführt haben.

Deutschsprachige Zivilrechtslehrer Des 20 Jahrhunderts In Berichten Ihrer Sch Ler

Author : Stefan Grundmann
ISBN : 9783899494570
Genre : History
File Size : 48. 75 MB
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German civil law political theory is not in high demand these days. However, political theory is important for establishing an overall picture of German civil law and portraying an image of German civil law to Europe and beyond. This is especially true in times when ideas are widely circulated and the circulation itself can be useful for influencing transnational legal realities. The collected essays on German civil law instructors presented in this work aim to contribute to just such a political theory. This two volume edition is based on the lecture series 20th Century German Civil Law Instructors Described by their Students that was held at the Humboldt-Universitat Berlin, the Europa-Universitat Viadrina at Frankfurt (Oder), and the Ruhr-Universitat Bochum. "

Market Power In Eu Antitrust Law

Author : Luis Ortiz Blanco
ISBN : 9781847318497
Genre : Law
File Size : 77. 60 MB
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The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101(1) Treaty on the Functioning of the European Union (TFEU), ex Article 81(1) EC Treaty), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) EC), dominant positions (Article 10 (2) TFEU, ex Article 82 EC), and substantial impediment to effective competition, in particular by creating or reinforcing a dominant position (Article 2 of the EU Merger Regulation). At first sight, only the concept of dominant position relates to market power, but it is the aim of this book to demonstrate that the other concepts are directly linked to the notion of market power. This is done by reference to the case law of the EU Courts and the precedents of the European Commission. The author goes on to argue that for very good reasons (clarity and enforceability, among others) the rules should be interpreted in this way. Beginning with market definition, the book reviews the different rules and the different degrees of market power they incorporate. Thus it analyses the notion of 'appreciable restriction of competition' to find a moderate market power obtained by agreement among competitors to be the benchmark for the application of Article 101 TFEU, ex Article 81 EC. It moves on to the concept of dominance under Article 102 TFEU (ex Article 82 EC), which is equivalent to substantial (or sgnificant) market power, and then focuses on the old and new tests for EU merger control. Finally, it addresses the idea of elimination of competition in respect of a substantial part of the market (Article 101 (3) TFEU, ex Article 81 (3) (b) EC), in which the last two types of market power (Article 102 TFEU, ex Article 82 EC and EU Merger Regulation) converge. To exemplify this, an in-depth study of the notion of collective dominance is conducted. The book concludes that a paradigm of market power exists under the EU antitrust rules that both fits with past practice and provides for a useful framework of analysis for the general application of the rules by administrative and even more importantly judicial authorities in the Member States, under conditions of legal certainty.

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