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The Regulation of Transnational Mergers in International and European Law
2010 Koninklijke Brill NV, Leiden, The Netherlands ;ISBN: 900417771X ;ISBN: 9789004177710 ;EISBN: 9789047431145 ;EISBN: 9047431146 ;DOI: 10.1163/ej.9789004177710.i-234 ;OCLC: 695988987
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Title:
The Regulation of Transnational Mergers in International and European Law
Author:
Liakopoulos, D
;
Marsilia, A
Subjects:
Anti-trust legislation
;
Antitrust law
;
Commercial law
;
Comparative law
;
Consolidation and merger of corporations
;
Europe
;
European Union countries
;
Institutions
;
International business
enterprises
;
International political economy
;
Jurisdiction
;
Law and legislation
;
Mergers
;
Multilateralism
;
Multinational
enterprises
;
Strategic planning
;
U.S.A
;
United States
Description:
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.
Related Titles:
Nijhoff International Trade Law Series
Publisher:
Leiden: BRILL
Creation Date:
2010
Format:
236
Language:
English
Identifier:
ISBN: 900417771X
ISBN: 9789004177710
EISBN: 9789047431145
EISBN: 9047431146
DOI: 10.1163/ej.9789004177710.i-234
OCLC: 695988987
Source:
Ebook Central Academic Complete
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