Broberg on the European Commission's Jurisdiction to Scrutinise Mergers PDF Download

Author: Morten P. Broberg
Publisher:
ISBN: 9789041133397
Category : Consolidation and merger of corporations
Languages : en
Pages : 0

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Book Description
Introduction --The Undertakings Concerned --The Group --The Basic Rules --Geographic Allocation of Turnover --The Financial Sector --The EEA Agreement --Forum Shopping under the Merger Regulation --Real Union Dimension.

Author: Morten Broberg
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 420

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Book Description
No major business or law firm can afford to disregard the European Commission's power in the control of mergers. Since the Council of Ministers adopted the EC Merger Regulation in 1989, The power of the European Commission has increased steadily. The scope of the Merger Regulation now occupies a central role in many mergers taking place both inside and outside the European Community. To come within the scope of merger regulation and thus within the Commission's jurisdiction, a merger must possess a `community dimension'. Despite the careful definition of this term in the Merger Regulation itself, The concept has created problems in many cases. The European Commission's Jurisdiction to Scrutinise Mergers offers a comprehensive, up-to-date analysis of all aspects of the community dimension concept. The most thorough examination of the Commission's jurisdiction to examine mergers under the EC Merger Regulation, The European Commission's Jurisdiction to Scrutinise Mergers serves as a valuable guide for businesses, their legal advisors, and competition law enforcers in both the Commission And The Member States.

Author:
Publisher: Oxford University Press
ISBN: 0198915543
Category :
Languages : en
Pages : 1345

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Book Description

Author: Pernille Wegener Jessen
Publisher: Kluwer Law International B.V.
ISBN: 9403506881
Category : Law
Languages : en
Pages : 1101

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Book Description
This revised and updated edition of a basic sourcebook and practice guide in EU competition law retains the first edition’s significantly broader perspective on EU competition law than most books in the field. It explains not only the traditional areas of competition law but also aspects of competition law that are of particular importance to practitioners. With its comprehensive overview of relevant provisions related to competition, among others, the authors shed clear light on the following topics and the interplay between these different areas of competition law: the prohibition of agreements which restrict competition; the prohibition of abuse of dominant position; the rules on merger control; the prohibition of State aid; the liberalised sectors such as energy supply, transport, postal services, and telecommunications; and the rules on public procurement. The chapters integrate an extensive number of sources, including new acts, new decisions and judgments, and new Commission guidelines, that help guide the interpretation of the underlying Treaty provisions. With its enhanced view of EU competition policy, regulation, and enforcement and its emphasAis on specific industry sectors, this book offers an unusually thorough view of aspects of competition law which play an essential role in regulating the conduct of undertakings and public authorities in the market. This new edition will continue to be of special value to any lawyer, policymaker, or scholar active in European competition law.

Author: Mark Furse
Publisher: Bloomsbury Publishing
ISBN: 1847313493
Category : Law
Languages : en
Pages : 564

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Book Description
This text introduces the reader to the principles and practice of merger control in the EC and the UK. It deals clearly with both of the new regimes, providing a discussion of the policy and the relevant legislation, clarified through an analysis of pertinent cases and decisions. The aim is to provide the non-expert reader with a thorough and accessible introduction to the subject. The book deals first with matters common to both regimes, including relevant economics, and then focuses on the EC and UK systems as separate entities. In each case the text covers qualifying mergers, including principles of territorial jurisdiction, substantive tests, procedures, appeals, and third party rights, as well as the link between the UK and EC regimes. The book is up to date to 31 July 2006. Substantial appendices provide most of the relevant core legislation in one convenient place.

Author: Gordon Blanke
Publisher: Kluwer Law International B.V.
ISBN: 9041127607
Category : Law
Languages : en
Pages : 1052

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Book Description
EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.

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: Catherine Flaesch-Mougin
Publisher: Primento
ISBN: 2802742035
Category : Law
Languages : en
Pages : 414

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Book Description
Le présent ouvrage est le résultat d’une recherche conjointe entre les Universités de Bologne, Rennes et Bruxelles sur le thème de la dimension extérieure de l’espace de liberté, de sécurité et de justice de l’Union européenne (ELSJ). Cette recherche a été soutenue par la Commission européenne dans le cadre de l’ Action Jean Monnet. Il associe des professeurs et chercheurs de renom qui conjuguent leurs compétences et situent leur analyse à l’intersection des politiques en la matière et des politiques externes de l’Union européenne. Les auteurs évaluent de manière critique l’impact du traité de Lisbonne et de la pratique de l’Union concernant la dimension extérieure de l’ELSJ. Cette dimension dont l’importance ne cesse de croître oblige l’Union à concilier des impératifs parfois contradictoires entre les objectifs sécuritaires de l’ELSJ ou ceux de l’action extérieure, ou encore avec les valeurs sur lesquelles elle est fondée. Les auteurs tentent de répondre à différentes questions induites par le nouveau système de représentation extérieure de l’Union dans le domaine de l’ELSJ : Quelles sont les retombées juridiques du nouveau système ? Quel est également son impact politique ? Ne risque-t-on pas une incursion croissante de la politique étrangère et de sécurité commune (PESC) dans les aspects sécuritaires de l’ELSJ ?

Author: Martin Trybus
Publisher: Bloomsbury Publishing
ISBN: 1847312446
Category : Law
Languages : en
Pages : 476

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Book Description
This monograph examines the legal dimension of European defence integration from the Second World War to the Treaty Establishing a Constitution for Europe. It covers the evolution of European defence and security law in its legal,historical, and political context. The notion of defence law describes the entire field of rules created to regulate the defence of a nation or alliance. The analysis leads from the earliest mutual defence treaties to the failure of the European Defence Community and the eventual separation of defence from the mainstream of European integration in the 1950s, further to the re-vitalisation of a European security policy in the Treaties of Maastricht, Amsterdam, and Nice. In the context of this evolutionary process, the book examines the function of Community Law as an instrument of European defence integration. Community law affects the economic and social aspects of the defence within the limits of the security exemptions of the EC Treaty. It has an impact on the composition of the armed forces, the procurement of armaments, or the regulation of the defence industries. The book concludes with an analysis of the Common Security and Defence Policy of the Constitutional Treaty agreed by the European Council in 2004. The discussion shows that European defence integration is characterised by fragmentation in an area where coherence is particularly important. First, defence and security are addressed in several organisations: the EU, the Western European Union, NATO, the Organisation for Security and Cooperation in Europe, and the Organisation for Joint Armaments Cooperation. Second, defence and security are addressed in both the supranational Community Pillar and the intergovernmental Second Pillar of the Treaty on European Union. The new Constitutional Treaty aims to overcome the three-Pillar structure of the Union. Nevertheless, it leaves the intergovernmental character of the security and defence policy intact and introduces flexible frameworks for its mutual defence, crisis management, and armaments components. However, the Union needs a coherent defence policy to ensure her security and to speak with one voice on the international scene.

Author: Conor Talbot
Publisher: Cambridge Scholars Publishing
ISBN: 1527523152
Category : Law
Languages : en
Pages : 238

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Book Description
This book examines the role and utility of competition law within the EU’s legislative and regulatory dialogue, using its response to crisis conditions as a test of its aims and abilities. As such, its main conclusion is that competition policy acts as a forum for debate as to the direction of the European integration project, while competition law can serve as a tool for aiding in the implementation of broader policy objectives. The analysis here explores the role of the general economic context in the application of competition law, the existence of identifiable baselines applicable in crisis conditions, the ability and role of national competition authorities in applying competition law, and the ways in which the European Commission’s overarching policy goals can influence the application of competition law. The decision to take an empirical approach to this research project stems from a conviction that an investigation into the real world situations faced by firms and consumers should underpin the evaluation of the applicable legal rules. Over the past number of years, the Commission has exerted more and more influence over the development of the regional and global airline industry, and this book identifies the emergence of an apparent overarching aim on the part of the Commission to create a market with a handful of ultra-competitive airlines with international reach serviced by an array of smaller feeder airlines on a regional basis. The study of Irish beef processing, on the other hand, identifies a high level of government involvement in providing the strategic thinking behind a crisis cartel scheme, and then demonstrates how the economic context exerted considerably more pressure on the government and the national court than on the competition authorities involved.