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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Competition law
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The EC Merger Control Regulation: Rights of Defence - A Critical Analysis of DG COMP Practice and Community Courts' Jurisprudence (Hardcover)
Loot Price: R6,180
Discovery Miles 61 800
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The EC Merger Control Regulation: Rights of Defence - A Critical Analysis of DG COMP Practice and Community Courts' Jurisprudence (Hardcover)
Series: International Competition Law Series Set
Expected to ship within 10 - 15 working days
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Merger control constitutes a well-established pillar of EU
competition law. However, the drafters of the Community competition
merger legislation, in view of the need to attain the imperative
goal of market integration, put more emphasis on the clarification
of the substantive rules applied by the Commission through
enhancing its supervisory powers than on the necessity for
protecting the defendant parties or any involved third parties in
merger proceedings. Here for the first time is an in-depth analysis
of the rights of notifying parties and third parties in merger
proceedings, as reflected in the administrative practice of the
Commission and the case law of the Community courts. Following a
detailed exposition of the operation of the Merger Regulation and
its procedures, this study covers not only the generally approved
fundamental rights, such as the right to be heard or the right to
access the Commission's file, but also all the other procedural
rights involved in merger proceedings, such as the right of
notifying parties to propose commitments outside the time-limit
required. It examines the rights of the parties from the
pre-notification stage through the first and second phases of the
proceedings, with particular emphasis on notification, preliminary
investigation, statement of objections, access to the file, oral
hearing, commitments, and adoption of the final decision. Among the
issues covered in depth are: the value of pre-notification
meetings; preparation of the Form CO and the danger of
incompleteness; derogation procedure; commitments procedure in
phase one and phase two investigations; statement of objections,
reply and time-limits; limits to access to the file and oral
hearing; and the concept of 'sufficient interest. The study
culminates with recommendations for reform of, and improvement in,
the rights of notifying parties and third parties, including
amendments to the Regulation and a further suggestion for the
adoption of a Notice providing guidance on how the rights of these
parties should be taken into account in merger proceedings. A
valuable set of annexes includes the texts of the Merger
Regulation, its implementing Commission Regulation, and the DG
Competition Best Practices on the Conduct of EC merger control
proceedings. As a detailed examination of the rights of notifying
parties and third parties in EC merger proceedings, and an
important blueprint for detailing the rights of these parties, this
study will be of immeasurable value for practitioners and business
people involved in European business merger activities, as well as
for interested academics.
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