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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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European Merger Control - The Challenges Raised by Twenty Years of Enforcement Experience (Hardcover)
Loot Price: R4,765
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European Merger Control - The Challenges Raised by Twenty Years of Enforcement Experience (Hardcover)
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Twenty years of experience have inevitably brought to light
challenges and tensions in the enforcement of the European merger
control system. Some of these challenges have been faced, some have
been solved and some remain latent. This very valuable study starts
from the proposition that the EU has never fully acknowledged those
fundamental challenges which relate to the rationale behind merger
control in Europe. The author shows how the Commission's focus on
adapting the rules of merger control to the economic realities of
the future business environment, although designed with a view to
facilitating European integration, has compromised attainment of
legal certainty, transparency and welfare enhancement. In its
detailed evaluation of the 'future market structure prediction
process' embedded in European merger control policy, this book
approaches two rock-bottom, far-reaching questions: * In what ways
does merger control promote consumer and societal welfare? * Is the
Commission able to correctly predict the outcome of any given
concentration transaction? These considerations take the reader
through a deep and searching analysis that calls into question the
very credibility and transparency of the system, leading to
alternatives which promise a new clarity of purpose and procedure.
The author describes how these recommendations can be integrated
into the functioning framework of the European project. Taken fully
into account along the way is a wide spectrum of relevant source
material, including the following: * applicable articles and
chapters of the founding and subsequent European Treaties; *
secondary European legislation concerning competition and merger
activity; * domestic competition laws; * guidelines, notices and
action plans; * competition law reviews, statements of intentions;
* draft legislative attempts; * speeches on the enactment and
purpose of merger control; * Member States' views concerning
European merger control as expressed during Council negotiations; *
officially available concentration-related statistics; and * a
wide-ranging literature review covering both the legal and economic
sides of merger control. Throughout, the author substantiates
theoretical assertions with case law examples, clearly exposing
doctrines arising from such cases as Continental Can, Phillip
Morris/Rothmans and the Airtours, Schneider and Tetra Laval
trilogy. A unique feature of the analysis draws on the author's
personal experience while working for a Brussels competition law
firm. This book is a remarkable compound of academic guide to the
roots and rationales of the European Merger Control System,
practical guide to the day-to-day intricacies of merger control
enforcement, and 'raw' guide for decision makers and merger control
law enforcers. It will be of immense value in all three contexts.
General
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