22. Mergers (3): UK law

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Public Interest ◽  
Merger Control ◽  
Phase 2 ◽  
Water Industry ◽  
Special Cases ◽  
The Uk ◽  
The Way

This chapter provides an overview of the UK system of merger control and explains the procedure of the Competition and Markets Authority (‘the CMA’) when determining whether a merger should be referred for an in-depth ‘Phase 2’ investigation and when deciding to accept ‘undertakings in lieu’ of a reference. It describes how Phase 2 investigations are conducted and discusses the way in which the CMA applies the ‘substantially lessening competition’ (‘SLC’) test in practice. It then explains the enforcement powers in the Enterprise Act 2002, including the remedies that the CMA can impose in merger cases, and discusses various supplementary matters, such as powers of investigation and enforcement. The chapter concludes with a discussion of how the merger control provisions work in practice and provides a brief account of the provisions on public interest cases, other special cases and mergers in the water industry.

22. Mergers (3): UK

2021 ◽  
pp. 959-1018
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Public Interest ◽  
Test Section ◽  
Merger Control ◽  
Phase 2 ◽  
Special Cases ◽  
One Stop ◽  
Control Section ◽  
The Uk ◽  
Reference Section ◽  
The Eu

This chapter discusses UK law on the control of mergers. The chapter is organized as follows. Section 2 provides an overview of the domestic system of merger control. Section 3 explains the procedure of the Competition and Markets Authority (CMA) when determining whether a merger should be referred for an in-depth ‘Phase 2’ investigation and when deciding to accept ‘undertakings in lieu’ of a reference. Section 4 describes how Phase 2 investigations are conducted and Section 5 discusses the ‘substantially lessening competition’ (‘SLC’) test. Section 6 explains the enforcement powers in the Enterprise Act 2002, including the remedies that the CMA can impose in merger cases. The subsequent sections discuss various supplementary matters, such as powers of investigation and enforcement. The chapter concludes with a discussion of how the merger control provisions work in practice and a brief account of the provisions on public interest cases, other special cases and mergers in the water industry. The withdrawal by the UK from the EU means that many mergers that were subject to a ‘one-stop shop’ under EU law are now subject to investigation in the UK as well.

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.

scholarly journals National Security as a Public Interest Consideration in UK Merger Control

2021 ◽  
Vol 14 (2) ◽  
pp. 47-73
Author(s):  
Ioannis Kokkoris
Keyword(s):  
Mergers And Acquisitions ◽  
National Security ◽  
Public Interest ◽  
Legal Framework ◽  
Merger Control ◽  
New Approach ◽  
Legislative Initiative ◽  
Control Set ◽  
Uk Government ◽  
The Uk

The article will discuss the boundaries of UK merger control set by national security concerns against the background of public interest considerations in the decisional practice of the competent authorities. The article will first present an overview of the existing legal framework for considering public interest when reviewing mergers and acquisitions in strategic industries or companies. It will then present the main precedents where issues of national security were raised and will discuss how the CMA and the Secretary of State assessed these transactions from both a competition and national security angle. Finally, the article will present the recent legislative initiative by the UK Government to extend national security grounds reflects a new approach towards FDI.

UK Merger Control

2021 ◽  
pp. 169-200
Author(s):  
David Reader
Keyword(s):  
Decision Making ◽  
National Security ◽  
Public Interest ◽  
Phase 1 ◽  
Merger Control ◽  
The Novel ◽  
Dark Ages ◽  
The World ◽  
New Challenges ◽  
The Uk

In Chapter 7, David Reader observes that the introduction of the Enterprise Act 2002 formally ended a much maligned public interest approach to merger control in the UK, oft-criticized for the uncertainty permeated by ministerial decision-making. In its place came a new competition-based test to be applied by independent competition authorities with new powers and resources at their disposal. Despite encountering some teething problems as the authorities sought to interpret their respective roles at Phases 1 and 2, the reforms have proven largely successful in delivering one of the most transparent and predictable merger regimes in the world. This chapter reflects on the evolution of UK merger control under the Enterprise Act, observing that a combination of major—and finer-tuning of the competition authority’s Phase 1 enforcement powers has enabled it to effectively deliver upon its mandate. New challenges lie in wait, however, and Reader stresses that the CMA must be allocated the resources and statutory remit to contend with the increased workload implications presented by Brexit and the novel theories of harm associated with mergers in the digital sector. Of further concern are recent reforms to extend the national security public interest ground, which risk a return to the ‘dark ages’ of opaque ministerial decision-making if further safeguards are not implemented.

Menelaah Lebih Dekat “Post Factual/Post Truth Politics, Studi Kasus Brexit” (Analsis Resensi Media)

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Eko Wahyono ◽  
Rizka Amalia ◽  
Ikma Citra Ranteallo
Keyword(s):  
United States ◽  
Mass Media ◽  
New Media ◽  
The United States ◽  
The Political ◽  
Political Struggle ◽  
The Real ◽  
The Mass Media ◽  
The Uk ◽  
The Way

This research further examines the video entitled “what is the truth about post-factual politics?” about the case in the United States related to Trump and in the UK related to Brexit. The phenomenon of Post truth/post factual also occurs in Indonesia as seen in the political struggle experienced by Ahok in the governor election (DKI Jakarta). Through Michel Foucault's approach to post truth with assertive logic, the mass media is constructed for the interested parties and ignores the real reality. The conclusion of this study indicates that new media was able to spread various discourses ranging from influencing the way of thoughts, behavior of society to the ideology adopted by a society.Keywords: Post factual, post truth, new media

Reed bed treatment systems for sewage treatment in the United Kingdom - the first 10 years’ experience

1995 ◽  
Vol 32 (3) ◽  
pp. 317-327 ◽  
Author(s):  
P. Cooper ◽  
B. Green
Keyword(s):  
Root Zone ◽  
Sewage Treatment ◽  
Horizontal Flow ◽  
Water Industry ◽  
Soil Systems ◽  
Design Changes ◽  
Flow Systems ◽  
Group A ◽  
Reed Bed ◽  
The Uk

The UK Water Industry first became interested in Reed Bed Treatment Systems for sewage in 1985. Early problems were experienced with soil-based horizontal-flow systems of the Root Zone type. The problems were overcome by national co-ordination of a development programme and international co-operation by an EC Expert Contact Group. A number of different types of systems have now been developed and the systems are now being accepted. The paper reviews the development of these systems for secondary and tertiary treatment and nitrification and mentions development of systems for other forms of treatment. The design changes made to overcome the problems are described. These include the gradual move to the use of gravel-based systems because of the difficulty experienced with over-land flow in the soil systems. The sizing of the systems is described together with performance data for the original horizontal-flow and the more recently developed vertical-flow systems. Treatment at secondary and tertiary levels is illustrated and the potential for nitrification. Early problems with reed growth have been overcome by planting with port-grown seedlings. After 10 years the process is generally accepted by the Water Industry as an appropriate treatment for villages and there are now between 200 and 300 systems in operation.

scholarly journals Public Interest in Knee Pain and Knee Replacement during the SARS-CoV-2 Pandemic in Western Europe

2021 ◽  
Vol 10 (5) ◽  
pp. 1067
Author(s):  
Arne Kienzle ◽  
Lara Biedermann ◽  
Evgeniya Babeyko ◽  
Stephanie Kirschbaum ◽  
Georg Duda ◽  
...  
Keyword(s):  
Knee Osteoarthritis ◽  
Knee Pain ◽  
Knee Replacement ◽  
Knee Arthroplasty ◽  
Public Interest ◽  
Western Europe ◽  
Surgical Care ◽  
Number Of Patients ◽  
Primary Knee Arthroplasty ◽  
The Uk

Due to the severe acute respiratory syndrome coronavirus type 2 (SARS-CoV-2) pandemic, a large number of elective knee replacement procedures had to be postponed in both early and late 2020 in most western countries including Germany and the UK. It is unknown how public interest and demand for total knee arthroplasties was affected. Public interest in knee pain, knee osteoarthritis and knee arthroplasty in Germany and the UK was investigated using Google Trend Analysis. In addition, we monitored for changes in patient composition in our outpatient department. As of early March in Germany and of late March in the UK, until the lockdown measures, a 50 to 60% decrease in relative search frequency was observed in all categories investigated compared to the beginning of the year. While public interest for knee pain rapidly recovered, decreased interest for knee osteoarthritis and replacement lasted until the easing of measures. Shortly prior to and during the first lockdown mean search frequency for knee replacement was significantly decreased from 39.7% and 36.6 to 26.9% in Germany and from 47.7% and 50.9 to 23.7% in the UK (Germany: p = 0.022 prior to lockdown, p < 0.001 during lockdown; UK: p < 0.0001 prior to and during lockdown). In contrast, mean search frequencies did not differ significantly from each other for any of the investigated time frames during the second half of 2020 in both countries. Similarly, during the first lockdown, the proportion of patients presenting themselves to receive primary knee arthroplasty compared to patients that had already undergone knee replacement declined markedly from 64.7% to 46.9%. In contrast, patient composition changed only marginally during the lockdown measures in late 2020 in both Germany and the UK. We observed a high level of public interest in knee arthroplasty despite the ongoing pandemic. The absence of a lasting decline in interest in primary knee arthroplasty suggests that sufficient symptom reduction cannot be achieved without surgical care for a substantial number of patients.

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