The regulation of transnational mergers in international and European law / by Dimitris Liakopoulos and Armando Marsilia.

Format:

Book

Author/Creator:

Liakopoulos, Dēmētrēs I.

Contributor:

Marsilia, Armando.

Series:

Nijhoff international trade law series ; v. 2.

Nijhoff international trade law series, 1877-7392 ; v. 2

Language:

English

Subjects (All):

Consolidation and merger of corporations--Law and legislation--European Union countries.

Consolidation and merger of corporations.

Antitrust law--European Union countries.

Antitrust law.

International business enterprises--Law and legislation--European Union countries.

International business enterprises.

Consolidation and merger of corporations--Law and legislation--United States.

Antitrust law--United States.

International business enterprises--Law and legislation--United States.

Physical Description:

1 online resource (248 p.)

Edition:

1st ed.

Place of Publication:

Leiden, The Netherlands ; Boston : Martinus Nijhoff Publishers, 2010.

Language Note:

English

Summary:

The major problem associated with the regulation of transnational mergers, which affect several national markets, is the allocation of jurisdiction. Each country concerned may wish to exert jurisdiction and apply its national competition law to regulate the anti-competitive effects a merger may have in its territory. However, this approach may lead to risks of inconsistent decisions regarding the legality of mergers. Indeed, the national competition laws applied by the regulating authorities may diverge in several aspects, which raise the likelihood of inconsistency. Therefore it is desirable to opt for regulatory approaches which are more sensitive to the transnational nature of mergers and which allow cooperation between competition authorities. A possible solution may be bilateral cooperation agreements through which two countries coordinate the enforcement activities of their national competition authorities. However, the benefits of these agreements are enjoyed only by the signatory parties. The sole reliance upon bilateral agreements does not appear to be the optimal regulatory approach towards transnational mergers.

Contents:

The unilateral strategy

A comparative analysis of EC and US merger control law : the institutional framework and procedural rules

A comparative analysis of EC and US merger control law : the substantive rules

A comparative analysis of merger control laws enacted by other jurisdictions

The bilateral strategy

Multilateral strategy : instruments of hard law

Multilateral strategy : instruments of soft law.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [215]-229) and index.

ISBN:

1-282-94990-X

9786612949906

90-474-3114-6

OCLC:

695988987

Publisher Number:

10.1163/ej.9789004177710.i-234 DOI