The EU Merger Probe into China, Inc.

2021 ◽  
pp. 119-162
Author(s):  
Angela Huyue Zhang
Keyword(s):  
European Union ◽  
Foreign Investment ◽  
Regulatory Focus ◽  
Competition Policy ◽  
State Ownership ◽  
The European Union ◽  
Economic Literature ◽  
Chinese State ◽  
Privately Owned ◽  
The Eu

This chapter investigates the EU’s dilemma when applying the existing merger review framework to scrutinize acquisitions by Chinese companies. The EU merger review only acts on acquisitions of controlling interest. This means that Chinese state-owned enterprises (SOEs) can bypass the EU antitrust scrutiny by making minority acquisitions in Europe. However, minority shareholding in rivals can still create anticompetitive effects, as abundant economic literature has demonstrated. In fact, there is a blurred line between SOEs and privately owned enterprises in China, and a Chinese SOE could escape antitrust scrutiny entirely by employing a non-controlling subsidiary as a vehicle to acquire European assets. Given this regulatory dilemma, the chapter argues that a thoughtful response to acquisitions by Chinese SOEs necessitates a shift in regulatory focus from defining what constitutes an undertaking to understanding the effects of Chinese state ownership. It also cautions against deploying competition policy too broadly when reviewing Chinese SOE acquisitions. As the EU’s existing antitrust regulatory framework is not fully equipped to handle Chinese investments, it is not surprising to see that both the European Union and some of its Member States are tightening their foreign investment review to scrutinize Chinese takeovers.

13. An introduction to EU competition policy and law

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Competition Policy ◽  
Competition Law ◽  
Merger Policy ◽  
The European Union ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Eu

This chapter provides an introduction to Competition Policy and law in the European Union (EU). It covers the principal rules of EU competition law, namely Articles 101 and 102 TFEU and also considers the enforcement of the competition law regime and merger policy and regulation in the EU.

scholarly journals Agency Insight from Portugal’s Autoridade da Concorrência

2020 ◽  
Vol 8 (2) ◽  
pp. 233-238
Author(s):  
Margarida Matos Rosa
Keyword(s):  
European Union ◽  
Industrial Policy ◽  
Competition Policy ◽  
Consumer Welfare ◽  
The European Union ◽  
The Eu

Abstract 2020 will be a landmark year for reasons that had not been anticipated. But it is also a critical year for the implementation, by national legislators in the European Union, of the ECN+ Directive. This will grant competition agencies stronger means of enforcement and will consecrate independence of enforcement decisions based on the pursuit of consumer welfare protection. Another developing topic in 2020 is industrial policy in the EU and its coexistence with competition policy. While the EU needs to remain pragmatic, it need not — must not, I would argue - lose its distinctive economic features.

scholarly journals Polityka konkurencji Unii Europejskiej w warunkach globalizacji gospodarki światowej

2016 ◽  
pp. 43-59
Author(s):  
Ewa Latoszek ◽  
Agnieszka Kłos
Keyword(s):  
European Union ◽  
European Commission ◽  
Competition Policy ◽  
World Economy ◽  
Internal Market ◽  
The European Union ◽  
Member States ◽  
The World ◽  
The Eu

The aim of this article is to present the essence of competition policy and its implementation in the European Union in the context of ongoing globalization of the world economy. The paper will present selected factors that stimulate the process of globalization, main objectives and tools supporting the functioning of the EU internal market, and the place of the European Commission as a body that enforces compliance with the rules of competition by companies and the Member States.

The Impact of the Court of Justice of the European Union on the Georgian Legal System

2020 ◽  
pp. 241-262
Author(s):  
Gaga Gabrichidze
Keyword(s):  
European Union ◽  
Legal System ◽  
Competition Policy ◽  
Case Law ◽  
The European Union ◽  
Association Agreement ◽  
Court Of Justice ◽  
System P ◽  
The Impact ◽  
The Eu

This chapter scrutinizes perception of the case law of the Court of Justice of the European Union (CJEU) by the Georgian courts and the Georgian Competition Agency. With the conclusion of the Association Agreement between the EU and Georgia in 2014, the Georgian legal system undoubtedly became more closely connected with EU law. Hence, approximation commitments under the Association Agreement made the case law of the CJEU of much more relevance for the Georgian courts and administrative authorities. However, in the wake of intensification of EU–Georgia relations, the impact of CJEU case law can be identified even in the time before conclusion of the Association Agreement. Analysis shows that several factors play a role with regard to the extent and frequency of mentioning CJEU case law in the decisions of the Georgian courts and Competition Agency. Judges refer to case law of the CJEU with the aim of either strengthening their own arguments or using it as a source of interpretation. Taking into consideration the ‘European’ roots of Georgia’s competition policy, the Competition Agency regards the case law of the CJEU as having a very important interpretative value for closing ‘gaps’ in the law.

The Scope of the EU Treaty-Making Power on Foreign Investment: Between Wishful Thinking and Pragmatism

2016 ◽  
pp. 86-115
Author(s):  
Luis M. Hinojosa-Martínez
Keyword(s):  
European Union ◽  
Foreign Investment ◽  
Trade Agreement ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Lively Debate ◽  
The Common ◽  
Free Movement Of Capital ◽  
The Eu

Since the Treaty of Lisbon introduced ‘foreign direct investment’ into the provisions on the common commercial policy of the European Union (EU), the scope of that competence has raised a lively debate. Much less attention, however, has been paid to the rules on the free movement of capital in the Treaty on the Functioning of the European Union, although this area is highly relevant to clarify the blurred boundaries of the EU’s competence concerning foreign investment. This article reviews arguments from the chapter on the free movement of capital and from the recent European practice and case-law to shed light on the debate about the competence on foreign investment. It also depicts the circumstances in which the Court of Justice has to deliver its Opinion on the EU competence to sign and conclude the EU-Singapore Free Trade Agreement.

scholarly journals New Regulation of Direct Foreign Investment Screening in the European Union and Interests of Russia

2020 ◽  
pp. 166-186
Author(s):  
L. L. Razumnova ◽  
T. E. Migaleva
Keyword(s):  
European Union ◽  
Foreign Investment ◽  
Critical Infrastructure ◽  
Direct Foreign Investment ◽  
Economic Security ◽  
Global Market ◽  
External Control ◽  
The European Union ◽  
Negative Effect ◽  
The Eu

The article deals with adoption of a new framework regulation of direct foreign investment (DFI) of the European Union in condition of shaping a polycentric system of international relations and re-balancing of global players’ forces, which is accompanied by weakening the positions of the EU on global market and strengthening China as a new superpower. In this situation the EU tries to reinforce economic security and raise competitiveness of economy by protecting the sphere of critical infrastructure and high technologies against external control. The authors provide a brief analysis of geopolitical, economic and political factors, which determined specific features of new EU investment legislation. The scale and structure of Chinese DFI in EU economy were estimated and specificity of the process of mutual outsourcing of EU and China political values was identified. According to the analysis, China that increases its presence in the EU, apart from big finance possibilities uses differentiation of priorities in foreign and home policy of member-states and internal European contradictions and fragmentation of EU legislation. By using the text of the framework Regulation 2019/452 key elements and procedures were described and contradictions in the mechanism of investment selection being designed were found. It is proved that these contradictions, including numerous different agreements and institutional units involved in the process, keeping national priorities in making final decisions in the absence of necessary for DFI screening function system elements and others hinder the creation of the efficiently functioning supranational system of European DFI control. A conclusion was drawn that introduction of the Regulation can have a negative effect on the inflow of Russian investment to Europe. At the same time Russia cannot affect designing of this screening mechanism, as its role is limited by the frameworks of European policy of partial communication isolation. In the long-term the toughness of using investment regulation in the EU will depend on the outline of the US – EU – Russia confrontation.

Russia - European Union: The continuation ofthe sanctions standoff

2017 ◽  
pp. 114-127
Author(s):  
M. Klinova ◽  
E. Sidorova
Keyword(s):  
European Union ◽  
Economic Recession ◽  
Economic Sanctions ◽  
Current Data ◽  
The State ◽  
The European Union ◽  
The Impact ◽  
The Eu ◽  
Year 2013

The article deals with economic sanctions and their impact on the state and prospects of the neighboring partner economies - the European Union (EU) and Russia. It provides comparisons of current data with that of the year 2013 (before sanctions) to demonstrate the impact of sanctions on both sides. Despite the fact that Russia remains the EU’s key partner, it came out of the first three partners of the EU. The current economic recession is caused by different reasons, not only by sanctions. Both the EU and Russia have internal problems, which the sanctions confrontation only exacerbates. The article emphasizes the need for a speedy restoration of cooperation.

Ensuring sustainable foreign economic relations of countries at the forefront and outskirts of the European Union

2020 ◽  
Vol 16 (10) ◽  
pp. 1980-1996
Author(s):  
T.S. Malakhova
Keyword(s):  
European Union ◽  
International Organizations ◽  
Economic Cooperation ◽  
Structure Model ◽  
Methodological Framework ◽  
The European Union ◽  
Early 21St Century ◽  
Economic Relations ◽  
Economic Bloc ◽  
The Eu

Subject. Foreign economic and trade ties among countries are getting tighter and less predictable in the early 21st century. This directly stems from a growing disparity of partners, especially if it goes about their future cooperation as part of integration groups or international organizations. Communities of experts suggest using various approaches to locally adjusting integration phases, especially implementing the two-speed integration in the European Union. Objectives. The study is an attempt to examine an improvement of foreign economic cooperation and suggest its implementation steps for the European Union. This all is due to considerable inner controversies and problems within the EU, which grow more serious year by year. Methods. The methodological framework comprises the historical logic, dialectical principles, scientific abstraction method. The process and system approach was especially important for justifying the implementation of the above steps. It was used to examine foreign economic relations of partners in the European Union. Results. The article sets forth the theoretical and methodological framework for the geostrategic economic bloc, including a conceptual structure model. I present steps to implement a foreign economic cooperation of partners in the EU in terms of its form. Conclusions and Relevance. Should the form of the foreign economic relations among the EU countries be implemented, counties at the periphery of the EU will be able to become active parties to the integration group.

European experience in transition to circular economy

2020 ◽  
Vol 19 (4) ◽  
pp. 598-617 ◽  
Author(s):  
S.V. Ratner
Keyword(s):  
European Union ◽  
Circular Economy ◽  
Raw Materials ◽  
Action Plan ◽  
National Level ◽  
The European Union ◽  
Scientific Methods ◽  
European Experience ◽  
General Scientific ◽  
The Eu

Subject. The article considers the concept of circular economy, which has originated relatively recently in the academic literature, and is now increasingly recognized in many countries at the national level. In the European Union, the transition to circular economy is viewed as an opportunity to improve competitiveness of the European Union, protect businesses from resource shortages and fluctuating prices for raw materials and supplies, and a way to increase employment and innovation. Objectives. The aim of the study is to analyze the incentives developed by the European Commission for moving to circular economy, and to assess their effectiveness on the basis of statistical analysis. Methods. I employ general scientific methods of research. Results. The analysis of the EU Action Plan for the Circular Economy enabled to conclude that the results of the recent research in circular economy barriers, eco-innovation, technology and infrastructure were successfully integrated into the framework of this document. Understanding the root causes holding back the circular economy development and the balanced combination of economic and administrative incentives strengthened the Action Plan, and it contributed to the circular economy development in the EU. Conclusions. The measures to stimulate the development of the circular economy proposed in the European Action Plan can be viewed as a prototype for designing similar strategies in other countries, including Russia. Meanwhile, a more detailed analysis of barriers to the circular economy at the level of individual countries and regions is needed.

Las funciones del interregionalismo en la relación UE-CAN

Oikos ◽  
2015 ◽  
Vol 14 (29) ◽  
pp. 13
Author(s):  
Olga María Cerqueira Torres
Keyword(s):  
European Union ◽  
Present Article ◽  
The Political ◽  
The European Union ◽  
Integration Process ◽  
Association Agreement ◽  
Political Rationality ◽  
Article Analysis ◽  
Andean Community ◽  
The Eu

RESUMENEn el presente artículo el análisis se ha centrado en determinar cuáles de las funciones del interregionalismo, sistematizadas en los trabajos de Jürgen Rüland, han sido desarrolladas en la relación Unión Europea-Comunidad Andina de Naciones, ya que ello ha permitido evidenciar si el estado del proceso de integración de la CAN ha condicionado la racionalidad política del comportamiento de la Unión Europea hacia la región andina (civil power o soft imperialism); esto posibilitará establecer la viabilidad de la firma del Acuerdo de Asociación Unión Europea-Comunidad Andina de Naciones.Palabras clave: Unión Europea, Comunidad Andina, interregionalismo, funciones, acuerdo de asociación. Interregionalism functions in the EU-ANDEAN community relationsABSTRACTIn the present article analysis has focused on which functions of interregionalism, systematized by Jürgen Rüland, have been developed in the European Union-Andean Community birregional relation, that allowed demonstrate if the state of the integration process in the Andean Community has conditioned the political rationality of the European Union towards the Andean region (civil power or soft imperialism); with all these elements will be possible to establish the viability of the Association Agreement signature between the European Union and the Andean Community.Keywords: European Union, Andean Community, interregionalism, functions, association agreement.

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