Promoting Competition in Innovation Through Merger Control in the ICT Sector

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Release : 2019-06-21
Genre : Law
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Book Rating : 84X/5 ( reviews)

Promoting Competition in Innovation Through Merger Control in the ICT Sector - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Promoting Competition in Innovation Through Merger Control in the ICT Sector write by Kalpana Tyagi. This book was released on 2019-06-21. Promoting Competition in Innovation Through Merger Control in the ICT Sector available in PDF, EPUB and Kindle. This book addresses the question of how competition authorities assess mergers in the Information Communication Technology (ICT) sector so as to promote competition in innovation. A closer look at the question reveals that it is far more complex and difficult to answer for the ICT, telecommunications and multi-sided platform (MSP) economy than for more traditional sectors of the economy. This has led many scholars to re-think and question whether the current merger control framework is suitable for the ICT sector, which is often also referred to as the new economy. The book pursues an interdisciplinary approach combining insights from law, economics and corporate strategy. Further, it has a comparative dimension, as it discusses the practices of the US, the EU and, wherever relevant, of other competition authorities from around the globe. Considering that the research was conducted in the EU, the practices of the European Commission remain a key aspect of the content.Considering its normative dimension, the book concentrates on the substantive aspects of merger control. To facilitate a better understanding of the most important points, the book also offers a brief overview of the procedural aspects of merger control in the EU, the US and the UK, and discusses recent amendments to Austrian and German law regarding the notification threshold. Given its scope, the book offers an invaluable guide for competition law scholars, practitioners in the field, and competition authorities worldwide.

European Merger Control

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Release : 2010-01-01
Genre : Business & Economics
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Book Rating : 597/5 ( reviews)

European Merger Control - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook European Merger Control write by Catalin Stefan Rusu. This book was released on 2010-01-01. European Merger Control available in PDF, EPUB and Kindle. 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.

Chinese Merger Control Law

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Release : 2014-11-19
Genre : Law
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Book Rating : 682/5 ( reviews)

Chinese Merger Control Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Chinese Merger Control Law write by Tingting Weinreich-Zhao. This book was released on 2014-11-19. Chinese Merger Control Law available in PDF, EPUB and Kindle. On 1 August 2008 the Chinese Anti-Monopoly Law entered into force, introducing a comprehensive framework for competition law to the Chinese market. One set of the new rules pertains to merger control. China’s Ministry of Commerce (MOFCOM) was nominated as the authority responsible for enforcing merger control in China and has been actively doing so ever since. Recent years have established China as one of the most important merger filing jurisdictions for cross-border mergers alongside the EU and USA. This work evaluates the Chinese merger control law regime and MOFCOM’s decision-making practice after more than five years of application. In particular, it assesses which policy goals (competition policy goals or industrial policy considerations) prevail in the written law and its application and provides suggestions for a further improvement of the law – with the aim to develop a transparent merger control regime that promotes long-term economic growth in China.

Law and Economics in European Merger Control

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Release : 2009-10
Genre : Business & Economics
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Book Rating : 813/5 ( reviews)

Law and Economics in European Merger Control - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law and Economics in European Merger Control write by Ulrich Schwalbe. This book was released on 2009-10. Law and Economics in European Merger Control available in PDF, EPUB and Kindle. Co-written by an expert lawyer and economist, this book provides a thorough guide to the economic theory behind the regulation of mergers. The economic theory is then used to analyse the current state of European competition law, and test the success of the European Commission's search for a 'more economic approach' to merger regulation.

Research Handbook on the Law and Economics of Competition Enforcement

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Release : 2022-08-16
Genre : Law
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Book Rating : 793/5 ( reviews)

Research Handbook on the Law and Economics of Competition Enforcement - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Research Handbook on the Law and Economics of Competition Enforcement write by Kokkoris, Ioannis. This book was released on 2022-08-16. Research Handbook on the Law and Economics of Competition Enforcement available in PDF, EPUB and Kindle. This incisive Research Handbook identifies and assesses the emerging trends in competition enforcement, investigating how such changes impact the enforcement approach of competition authorities and the behaviour of companies in an ever-evolving business and regulatory environment.