| Description |
1 online resource (184 pages) |
| Contents |
Contents note continued: Buyer Power -- Efficiencies -- Failing Firm Defence -- Ancillary Restraints -- Non-compete and Confidentiality Clauses -- Licence Agreements -- Purchase and Supply Obligations -- Parallel and Successive Concentrations -- Appeals to the Court -- Decisions That Can be Challenged -- Parties Who Can Bring an Action |
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Contents note continued: Referrals and Powers of Member States -- Referral to NCAs -- Pre-notification Referrals to NCAs -- Article 4(4) -- Post-notification Referrals to the NCAs -- Article 9 -- Referrals to the Commission -- Pre-notification Referrals to the Commission -- Article 4(5) -- Post-notification Referrals to the Commission -- Article 22 -- Legitimate Interest Exception: Article 21(4) -- Defence Interests: Article 346 of the TFEU -- Substantive Assessment -- Significant Impediment to Effective Competition -- Horizontal Guidelines -- Non-Horizontal Guidelines -- Dominance -- The Importance of Market Definition -- Relevant Product Market -- Relevant Geographic Market -- Anti-Competitive Effects -- Non-Coordinated Effects -- Horizontal Mergers -- Conglomerate Mergers -- Vertical Mergers -- Coordinated Effects -- Collective Dominance -- Coordinative Aspects within Joint Ventures: Article 2(4) -- Countervailing Factors -- Potential Competition and Entry on the Market -- |
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Contents note continued: Transactions Not Regarded as Concentrations -- Scope of Application: ̀Community Dimension' -- Turnover Thresholds -- Definition of Turnover -- Rules for Specific Sectors -- Successive Transactions -- Geographic Allocation of Turnover -- Identifying the Undertakings Concerned -- Corporate Group Turnover -- Procedure: Notification -- Prior Notification -- Form CO and Short Form CO -- Procedure: Examination of Notification -- Two-Stage Procedure -- Role of Member States -- Phase I Proceedings -- Simplified Procedure -- ECMR: Phase I (25--35 working days) -- Phase II Proceedings -- ECMR: Phase II (90--105 working days) -- Statement of Objections and Access to the File -- Conditions Attached to Clearances and Form RM -- Legal Basis -- Standard for Commitments -- Type of Remedies -- Withdrawal and Abandonment -- Commission's Fact-finding Powers -- Request for Information -- Powers of Investigation -- Sanctions -- Right to be Heard -- |
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Machine generated contents note: Relationship between the Merger Regulation and Articles 101 and 102 -- Application of Articles 101 and 102 to Concentrations Prior to the Adoption of the 1989 Regulation -- Application of Articles 101 and 102 to Concentrations Following the Adoption of the 1989 Regulation -- The Merger Regulation -- The Merger Regulation and Supporting Documents -- A Summary of the Main Features of the Merger Regulation -- The European Economic Area Agreement -- Territorial Scope of the Merger Regulation -- International Cooperation -- Scope of Application: Concentration -- Concentration (Article 3(1)) -- Undertakings -- Independent Undertakings -- Plurality of Concentrations -- Mergers (Article 3(1)(a)) -- Acquisition of Control (Article 3(1)(b)) -- Definition of Control -- Sole Control -- Joint Control -- Joint Ventures -- Full-Functionality -- Ability to Operate on a Market -- Operational Autonomy -- Commercial Autonomy -- Lasting Basis -- |
| Summary |
"Derived from Kluwer's multi-volume Corporate Mergers and Acquisitions, the largest and most detailed database of M&A know-how available anywhere in the world, this work by a highly experienced partners in the leading international law firm O'Melveny & Myers LLP provides a concise, practical analysis of current law and practice relating to mergers and acquisitions of public and private companies in the European Union. The book offers a clear explanation of each step in the acquisition process from the perspectives of both the purchaser and the seller. Key areas covered include: structuring the transaction; due diligence; contractual protection; consideration; and the impact of applicable company, competition, tax, intellectual property, environmental and data protection law on the acquisition process. Corporate Acquisitions and Mergers is an invaluable guide for both legal practitioners and business executives seeking a comprehensive yet practical analysis of mergers and acquisitions in the European Union. Equivalent analyses of M&A law and practice in some 50 other jurisdictions, all contributed by leading law firms, are accessible on-line at www.kluwerlawonline.com. under Corporate Acquisitions and Mergers."-- Wolters Kluwer CCH Website |
| Notes |
"This book was orignally published as a chapter in Corporate Acquisitions and Mergers." |
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Description from eBook on Wolters Kluwer CCH page (viewed November 2017) |
| Bibliography |
Includes bibliographical references |
| Subject |
Consolidation and merger of corporations -- Law and legislation -- European Union countries.
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| Form |
Electronic book
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| Author |
Noguès, Philippe, author
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Riis-Madsen, Christian, author
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CCH Australia Limited, distributor
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Kluwer Law International (Firm), publisher
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| ISBN |
9789041152770 (ePub) |
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