Author: Qian LiPublisher:
ISBN: 9783748937210
Category :
Languages : de
Pages : 0
Book Description
Public interest considerations in merger control
Author: Qian LiPublic Interest Considerations in Merger Control
Author: Qian LiIn the Public Interest
Author: Stephen WilksPublisher: Manchester University Press
ISBN: 9780719055744
Category : Competition
Languages : en
Pages : 408
Book Description
This book brings together for the first time five French directors who have established themselves as among the most exciting and significant working today: Bruno Dumont, Robert Guédiguian, Laurent Cantet, Abdellatif Kechiche, and Claire Denis. Whatever their chosen habitats or shifting terrains, each of these highly distinctive auteurs has developed unique strategies of representation and framing that reflect a profound investment in the geophysical world. The book proposes that we think about cinematographic space in its many different forms simultaneously (screenspace, landscape, narrative space, soundscape, spectatorial space). Through a series of close and original readings of selected films, it posits a new 'space of the cinematic subject'. Accessible and wide-ranging, this volume opens up new areas of critical enquiry in the expanding interdisciplinary field of space studies. It will be of immediate interest to students and researchers working not only in film studies and film philosophy, but also in French/Francophone studies, postcolonial studies, gender and cultural studies.Listen to James S. Williams speaking about his book http://bit.ly/13xCGZN. (Copy and paste the link into your browser)
Accommodating Public Interest Considerations in Domestic Merger Control
Author: David ReaderPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
In the wake of recent convergence initiatives, many countries now adopt a competition-based approach to merger control assessment. Given the emphasis that is placed on competition criteria in these assessments, the influence of wider 'public interest' criteria has become increasingly marginalised. Yet despite this marginalisation, many merger regimes continue to afford scope to public interest criteria - which poses a number of questions regarding the feasibility of further convergence internationally. This paper conducts an empirical study of 75 domestic merger regimes to draw two sets of insights. Firstly, the paper identifies the different means by which states have chosen to accommodate public interest criteria within their domestic merger laws. It finds that most states will: (i) treat the public interest as an 'exception' to a competition-based test or frame it within sector-specific policy, and (ii) assign decision-making powers to either a national competition authority or a politician. Secondly, the paper explores the socio-economic factors that may influence how a state choses to accommodate public interest criteria. Statistical analysis suggests that factors traditionally thought of as influential (such as economic development) have only a negligible correlation with the chosen method of accommodation. In contrast, the 'effectiveness' of domestic governance within a state appears to demonstrate a significant correlation with how states choose to frame public interest criteria within legislation.
Public Interest Considerations in US Merger Control
Author: Ioannis KokkorisPublisher: Oxford University Press, USA
ISBN: 9780192864451
Category : Law
Languages : en
Pages : 0
Book Description
Public Interest Considerations in US Merger Control: An Assessment of National Security and Sectoral Regulators offers a detailed study of the enforcement goals and regulatory framework of merger control assessment in the US. Assessment approaches vary considerably across sectors and Kokkoris explores the different approaches adopted by a range of US regulatory authorities, including the Committee on Foreign Investment in the United States, the Federal Communications Commission, the Department of Transportation, and the Board of Governors of the Federal Reserve System. Kokkoris argues that US merger assessments can be convoluted as transactions can be assessed under a public interest test by one sectoral authority and under a competition test by the Federal Trade Commission or the Department of Justice. These overlapping approaches can lead to contradictory outcomes, resulting in ineffective competitive dynamics in the sectoral market. The book focuses on the composition, legislation, and the relevant public interest considerations of each regulatory authority and presents seminal cases that illustrate the different enforcement approaches as well as the possible discrepancies between competition law-based assessments and national security or public interest-based assessments. Distilling all these considerations, Public Interest Considerations in Merger Control suggests that the application of the varying shades of the public interest standard can result in a complex and inefficient merger review process and recommends new ways to address these inefficiencies.
Public Interest Considerations in European Merger Control Regimes
Author: Oliver BudzinskiPublisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Nowadays, merger control predominantly relies upon a strict analysis of the effects from merger and acquisitions on effective competition. However, there is scope for so-called public interest considerations in several European merger control regimes and recently a number of European politicians have called for more elbowroom for non-competition-oriented interventions into merger control. For instance, they did so in the context of the prohibition of the Siemens-Alstommerger and the upcoming industrial policy discussion about European Champions. Since the social welfare effects of competitive markets present an important public interest in itself, additional public interest considerations justifying an intervention need to be non-market in the sense that these goals stand in conflict with competition. However, a trade-off between effective competition and public interest, i.e. public interests that are better served through market power then through effective competition, is a rare phenomenon. This paper gives an overview of public interest considerations in the merger policy of European Union member states and analyzes four jurisdictions in more detail. We find that the institutional designs how public interests considerations are included in the merger control regimes lack focus on non-market public interest considerations across the analyzed jurisdictions. Furthermore, there are relevant shortcomings regarding transparency and legal certainty. Moreover, our ex-pots analysis shows that the empirical record of past public interest-motivated interventions is questionable with only few interventions yielding the desired effects. Therefore, we suggest revising the public interest regulations in the respective merger control regulations by narrowing their focus to real non-market public interests and by levying decision power on less politicallyinfluenced bodies.
The Implications of Public Interest Considerations in the Interpretation and Application of the Failing-Firm Doctrine in South African Merger Analysis
Author: Ignatious NzeroPublisher:
ISBN:
Category :
Languages : en
Pages : 20
Book Description
There are two main reasons why the article focuses on the regulation of corporate mergers and acquisitions. Firstly, merger control is central to South African competition law and policy. Secondly, the impact of public interest considerations on the South African competition system is defined more clearly in merger regulation. The Competition Act provides in section 12A(3) an elaborate list of factors that must be taken into account when assessing the public interest component of mergers. Furthermore, provision is made for interventions by interested parties in merger proceedings, which are primarily on public interest grounds. Public interest issues feature more prominently in merger proceedings than any other competition matters.
The Merger Control Review
Author: Ilene Knable GottsPublisher:
ISBN: 9781804490952
Category : Conglomerate corporations
Languages : en
Pages : 0
Book Description
European Merger Control
Author: Catalin Stefan RusuPublisher: Kluwer Law International B.V.
ISBN: 9041132597
Category : Business & Economics
Languages : en
Pages : 306
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.
Global Merger Control Manual
Author: David J. LaingPublisher: Cameron May
ISBN: 1905017502
Category : Business & Economics
Languages : en
Pages : 628
Book Description