scholarly journals The New Substantive Test in the EC Merger Regulation—Bridging the Gap between Economics and Law?

2008 ◽  
Vol 10 ◽  
pp. 263-285 ◽  
Author(s):  
Giorgio Monti
Keyword(s):  
Review Process ◽  
Competition Law ◽  
Merger Control ◽  
Economic Evidence ◽  
Merger Regulation ◽  
Ec Competition Law ◽  
Court Of First Instance

In the last 20 years, the application of EC competition law by the Commission has been increasingly informed by economics. However, whilst the Commission has operated an economically enlightened regime in the field of merger control as a whole, its policy on conglomerate mergers and ambiguity over the role of efficiencies have received adverse comment. Several defeats in the Court of First Instance suggested poor handling of economic evidence in the merger review process.

28. Competition Law:

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Competition Law ◽  
Merger Control ◽  
Merger Policy ◽  
Eu Law ◽  
Merger Regulation ◽  
Academic Debate ◽  
The Way

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU law on mergers, first examining the policy reasons underlying merger control. It then considers the jurisdictional, procedural, and substantive aspects to EU merger policy. Jurisdictional issues cover the types of concentration that are subject to the Merger Regulation and the inter-relationship between merger control at EU and national levels. Procedural issues cover matters such as the way in which notice of a proposed merger must be given and the investigative powers possessed by the Commission. Substantive issues of merger policy include matters such as the test for determining whether a merger or concentration should be allowed and the extent to which efficiencies produced by the concentration should be taken into account.

29. Competition Law: Mergers

EU Law ◽  
2020 ◽  
pp. 1163-1189
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Competition Law ◽  
Merger Control ◽  
Merger Policy ◽  
Eu Law ◽  
Merger Regulation ◽  
Eu Competition Law ◽  
The Uk ◽  
Academic Debate ◽  
The Way

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU law on mergers, first examining the policy reasons underlying merger control. It then considers the jurisdictional, procedural, and substantive aspects to EU merger policy. Jurisdictional issues cover the types of concentration that are subject to the Merger Regulation and the inter-relationship between merger control at EU and national levels. Procedural issues cover matters such as the way in which notice of a proposed merger must be given and the investigative powers possessed by the Commission. Substantive issues of merger policy include matters such as the test for determining whether a merger or concentration should be allowed and the extent to which efficiencies produced by the concentration should be taken into account. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.

29. Competition Law: Mergers

EU Law ◽  
2020 ◽  
pp. 1122-1147
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Competition Law ◽  
Merger Control ◽  
Merger Policy ◽  
Eu Law ◽  
Merger Regulation ◽  
Eu Competition Law ◽  
The Uk ◽  
Academic Debate ◽  
The Way

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU law on mergers, first examining the policy reasons underlying merger control. It then considers the jurisdictional, procedural, and substantive aspects to EU merger policy. Jurisdictional issues cover the types of concentration that are subject to the Merger Regulation and the inter-relationship between merger control at EU and national levels. Procedural issues cover matters such as the way in which notice of a proposed merger must be given and the investigative powers possessed by the Commission. Substantive issues of merger policy include matters such as the test for determining whether a merger or concentration should be allowed and the extent to which efficiencies produced by the concentration should be taken into account. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.

Crafting Creative Competition Remedies in South Africa

2018 ◽  
Author(s):  
Liberty Mncube ◽  
Thulani Mandiriza ◽  
Michelle Viljoen
Keyword(s):  
South Africa ◽  
Distributive Justice ◽  
South African ◽  
Public Interest ◽  
Competition Law ◽  
Merger Control ◽  
Equity Issues ◽  
Merger Regulation

In South Africa, the pursuit of distributive justice is eminently permissible if not compelled by South African Competition Law and its unique responsiveness to issues of distributional equity and fairness. For example, in merger regulation the Competition Act permits consideration of equity issues such as empowerment, employment, and concern for small and medium-sized enterprises (SMEs). The Walmart/Massmart case illustrates how the competition authorities have implemented public interest provisions in merger control, while the Pioneer Foods settlement provides an example of crafting creative remedies to restore competition and at the same time pursue distributive justice. As we explain in more detail in the chapter, these two cases show how the competition authorities pursue equity issues such as empowerment, employment, and concern for small and medium-sized enterprises, as well as promote competition.

Strange Bedfellows or Soulmates: A Comparison of Merger Regulation in China and Australia

2012 ◽  
Vol 7 ◽  
pp. 1-40 ◽  
Author(s):  
Deborah J. Healey
Keyword(s):  
Decision Making ◽  
Competition Law ◽  
Merger Control ◽  
Consumer Law ◽  
Merger Regulation ◽  
Trade Partners

AbstractChina and Australia are extremely significant trade partners and investors. Australia has a very well established competition law, now called the Competition and Consumer Law 2010, with a well-established merger regime. China has a relatively new competition law, the Anti-Monopoly Law 2007. This article compares merger control in the two jurisdictions. The Ministry of Commerce (MOFCOM) has already referred to an Australian decision in rejecting a merger, the only reference to a foreign decision to date, which confirms the utility of the comparison. This article critically evaluates the determinations of MOFCOM and compares the approach of the Australian Competition and Consumer Commission (ACCC), the Australian regulator. It assesses the transparency and predictability of procedures and decision-making in the two jurisdictions.

The Future of the EC Merger Regulation

2000 ◽  
Vol 3 ◽  
pp. 151-168
Author(s):  
Dan Goyder CBE
Keyword(s):  
Task Force ◽  
Early Years ◽  
Merger Control ◽  
Merger Regulation ◽  
Directorate General ◽  
The Usa ◽  
Bar Association ◽  
Set Up ◽  
User Friendly

In September 2000 a celebratory meeting was jointly organised in Brussels by the EC Directorate General for Competition (the former DGIV) and the International Bar Association, to mark the tenth anniversary of the implementation of Regulation 4064/89 which set up the EC system of merger control. As is usually the case at birthday parties, the emphasis was on the success already achieved by the celebrant rather than on any of its possible shortcomings! Much was said about the sound foundations laid in the years immediately before the Regulation was adopted, when a range of opinion was sought from all around the Community on how its procedures should be set up, drawing on the experience of officials and lawyers in many Member States as well as the USA. Tribute was also rightly paid at the celebrations to the proactive role of Commission officials in the Merger Task Force especially during its early years, when its traditions of a user-friendly approach and the positive use of the pre-notification period were established.

20. Mergers (1): introduction

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Final Section ◽  
Competition Law ◽  
Merger Control ◽  
Merger Regulation ◽  
The Subject ◽  
The Eu

This chapter briefly discusses the subject of merger control. Merger control is an important component of most, though not all, systems of competition law. It begins by explaining what is meant by a ‘merger’ or ‘concentration’, the term used by the EU Merger Regulation (‘the EUMR’). It then proceeds to describe the different effects of mergers between independent firms from within and different production levels, the proliferation of systems of merger control, why firms merge and the purpose of merger control. The final section of the chapter deals with how to design a system of merger control when a country decides, as a matter of policy, to adopt one.

The Role of Economic Evidence in Merger Control in Ireland: Current and Future Practice

2007 ◽  
Vol 3 (2) ◽  
pp. 345-372
Author(s):  
Paul K Gorecki ◽  
Cormac Keating ◽  
Brendan O'Connor
Keyword(s):  
Merger Control ◽  
Economic Evidence ◽  
Future Practice

Collective Dominance in EC Competition Law: Trojan Horse or Useful Tool?

2003 ◽  
Vol 5 ◽  
pp. 151-172
Author(s):  
Albertina Albors-Llorens
Keyword(s):  
Competition Law ◽  
Trojan Horse ◽  
Academic Literature ◽  
Merger Regulation ◽  
First Case ◽  
Ec Competition Law ◽  
Collective Dominance

The evolution of the concept of joint or collective dominance has contributed an important chapter to EC Competition law and has been the focus of intense attention in the academic literature. This thorny notion has proved relevant both in the context of the application of Article 82 EC and of the EC Merger Regulation even if a textual reference to it was clear in the first case but non-existent in the second.

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