Author(s):  
Yongama Njisane ◽  
Hardin Ratshisusu

Global developments in merger control have shown varied approaches across jurisdictions regarding public interest issues in cross-border mergers. In developed countries, the domestic impact of cross-border mergers are subjected to foreign investment laws administered by the state and competition laws administered by competition regulators. Recent decisions on cross-border mergers have highlighted the tension between public interest and competition considerations in merger control, in that a merger would be approved by the competition authorities, but overturned by the state. In contrast, in some developing countries, competition authorities only review cross-border mergers, with the state having no decision-making role in the process. The question remains as to which approach achieves optimal outcomes that foster competition and is also in the public interest in the domestic economies affected by cross-border mergers. This chapter undertakes a comparative analysis of cross-border mergers in selected countries to assess the approaches to evaluating public interest considerations.


2001 ◽  
Vol 2 (13) ◽  
Author(s):  
Malcolm MacLaren

On July 19, 2001, the European Commission announced that it had reopened proceedings regarding the German system of fixed book prices, asserting anti-competitive effects on cross-border Internet bookselling. The Commission's announcement constitutes a new chapter in a long-running dispute over the legality of the so-called Sammelrevers system that dominates the book trade in Germany and, mutatis mutandis, other European states. The trigger in the present occasion was certain practices alleged of German publishers and book wholesalers regarding the application of the Sammelrevers to direct cross-border sales of books to final consumers. The ongoing integration of the continent's economy and the constant introduction of new technologies and ways of distribution have led many commentators to speak in terms of the German book trade vainly “struggling to hold back the tide of unfettered competition.”


Author(s):  
Smijter Eddy De ◽  
Gasparon Philipp ◽  
Berghe Pascal

This chapter studies the cooperation between the European Commission and competition authorities and courts outside the EU, at both bilateral and multilateral level, and highlights the importance of that cooperation in the context of proliferation of competition regimes and the continual increase in cross-border business activities. In more than half of its enforcement activities, the Commission cooperates with one or more foreign jurisdictions, obviously with varying degrees of intensity. The bulk of this international cooperation, in the fields of both merger control and anticompetitive practices, is with the U.S. and the Canadian competition authorities. The chapter then sets out the legal framework for international cooperation and explains the principles determining the Commission’s jurisdiction in cases having an international dimension. It also considers cooperation in antitrust enforcement, with particular attention given to the exchange of information and disclosure of evidence.


2020 ◽  
Vol 185 (9-10) ◽  
pp. 27-38
Author(s):  
Fakhri Murshudli ◽  
◽  
Roksolana Zapotichna ◽  
Erkin Dilbazi ◽  
◽  
...  

The authors analyze the state of international banking business before and after the global economic crisis of 2007-2009, and make predictions on potential future effects of the ongoing COVID-19 pandemic on transformation of international banking and bank strategy. The analysis focuses on trends and changes in the two most important forms of trade in banking services, namely, cross-border banking flows, which include direct cross-border banking flows and local banking flows of international banks’ subsidiaries abroad, and foreign bank presence. It has been concluded that direct cross-border banking flows are more volatile than local banking flows of foreign banks during economic and social upheavals. The period under study has witnessed large increase in foreign bank presence, both in terms of number and local market share. The study determines changes of leading international banks and their home countries, highlighting the weakening position of banks from advanced countries and increase in the role of banks from emerging markets and developing countries. The authors review international expansion strategies of major banks from the post-Soviet states, that are influenced both by the opportunities and goals of banks going abroad, and by the institutional features of their banking systems; countries which these banks are targeting are predominantly comparable to the post-Soviet states in terms of economic development, and are chosen by criteria of their attractiveness, such as high level of trade and political relations with the bank’s home country, the presence of diaspora, the degree of saturation and growth dynamics of the banking market in the host country. The reasons behind the banks’ geographical expansion decision include, among many others, the dramatic growth of their economies, stimulated by the involvement in globalization processes, and liberal banking reforms. Obstacles of economic and non-economic nature that are hindering this expansion, encompass high level of competition in external banking markets, expensive financial resources of domestic banks, low level of expansion of the post-Soviet states-based enterprises to the non-post-Soviet states, discriminatory qualification requirements for personnel and composition of management bodies, problems related to banking licensing procedures and requirements, aspects of culture and communication; their transformation from local banks, operating in the local market, to banks with a clear manifestation of the tendency of their international expansion amidst changing global environment and uncertainty.


2021 ◽  
Vol 129 ◽  
pp. 03036
Author(s):  
Roksolana Zapotichna ◽  
Fakhri Murshudli ◽  
Erkin Dilbazi

Research background: Given the fact that multinational banks’ credit activity leads to the accumulation of external debt in the borrowing countries, which potentially contributes to the formation of a debt-type economy, more in-depth research of the scope and consequences of such impact on the example of specific recipients is required. Purpose of the article: The purpose of the article is to develop theoretical and methodological bases of the study of multinational banks’ lending activity in terms of debt-type economy on the example of the countries of Central and Eastern Europe. Methods: A system of general scientific and special research methods, namely, statistical (correlation analysis, in particular), structural-functional and comparative analysis, has been applied to achieve the above-mentioned purpose. Findings & Value added: The results of the study indicate that multinational banks’ direct cross-border lending remains an important source of external debt accumulation and the formation of a debt-type economy in the countries of Central and Eastern Europe. Based on the assessment of the external debt indicators of the countries under the study, it has been determined that they all can be classified as debt-type economies. At the same time, the countries of the group still remain significantly differentiated in terms of relative indicators of direct cross-border lending and external debt. It has been concluded that multinational banks’ aggressive lending strategy during the growth phase in the countries of Central and Eastern Europe has exacerbated the problem of external indebtedness during the recession phase.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Anastasiia Redkina ◽  
Mariia Molodchik ◽  
Carlos Jardon

PurposeThe paper aims to reveal the attitude of the Russian competition authorities towards cross-border mergers involving foreign buyers. The study addresses the following question: Is the probability of Russian competition authorities' intervention significantly different when a foreign buyer takes part in the merger? This is the key test to reveal whether competition authorities gravitate towards “economic nationalism” or “promotion of foreign investments”.Design/methodology/approachThe discrete choice model is applied to the dataset of 7,607 merger cases investigated by the Russian competition authorities between 2012 and 2017. The probability of competition authorities' intervention, such as merger correction by using remedies or deal rejection, is used as a measure of special attention.FindingsThe study finds out favoritism patterns of the regulator with regard to foreign companies. In particular, the deals involving a foreign buyer had less chance of intervention, i.e. imposition of remedies, from national competition authorities. The sanctions period does not moderate the probability of approval of a cross-border merger with foreign buyers by the Russian competition authorities.Originality/valueThe paper contributes to merger control literature by addressing the political economy issues. It discovers that, besides regulation by the law, there are hidden motives, such as protectionism or favoritism of foreign companies, which could drive the regulator's decision. Therefore, the studies of cross-border mergers provide an opportunity to investigate the political issues of merger control through the identification of a special attitude to foreign companies and analysis of regularities that might explain such a policy.


2016 ◽  
Vol 152 (3) ◽  
pp. 501-528 ◽  
Author(s):  
Zornitsa Kutlina-Dimitrova ◽  
Csilla Lakatos

2008 ◽  
Vol 53 (No. 7) ◽  
pp. 333-337 ◽  
Author(s):  
R. Jurčík

The economic impact of the EC procurement policy is an important aspect of public procurement in the most areas of industry and agriculture. There exist some studies about the economic impact of the EC procurement policy. The first major study was the one commissioned by the European Commission and published in 1997 as a part of a broader evaluation of the European single market. This dealt with the period from 1987 when the directives were substantially revised, to 1994. In February 2004, the Commission published a new summary analysis of the economic impact of the EC rules covering the period 1995−2002. A report on the functioning of public procurement markets in the EU: benefits from the application of the EU directives and challenges for the future (EC 2004). This confirms a much greater importance of the indirect cross-border activity as compared with the direct cross-border binding activity, and also indicates that this form of trade in public markets has increased further. The above mentioned studies in relation to the Economic Impact of the EC procurement Policy are the object of this article.


2019 ◽  
pp. 210-211
Author(s):  
Konrad Różowicz

Zornitsa Kutlina-Dimitrova, Csilla Lakatos, Determinants of Direct Cross-border Public Procurement in EU Member States (Determinanty bezpośrednich transgranicznych zamówień publicznych w państwach członkowskich UE), „Review of World Economics” 2016, vol. 152, iss. 3 (opr. Konrad Różowicz)


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