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Efficiency defence and merger remedies are key components in most merger control regimes. Although in many jurisdictions both the provision of efficiency-related evidence and remedy offers are at the merging firms' discretion, most previous works have only analysed them separately. This paper is...
Persistent link: https://www.econbiz.de/10013087205
This paper will examine three recent instances involving competition concerns on the Internet. The Internet at its inception was widely viewed as not suffering from any competition concerns, however in the last ten years, with on the one hand the emergence of major Internet corporations, and on...
Persistent link: https://www.econbiz.de/10013068060
This paper looks at whether the standard unilateral effects model can be applied to non-price competition parameters such as innovation. This question arises because competition authorities are intervening in horizontal mergers that are found to give rise to a “significant impediment to...
Persistent link: https://www.econbiz.de/10012852989
Conglomerate merger control went out of fashion in the United States and the European Union several decades ago. Both jurisdictions embraced the premise that non-horizontal mergers should normally be considered benign because exclusionary theories of harm are economically implausible, and...
Persistent link: https://www.econbiz.de/10013297259
This paper looks at the main source of procedural delay in EC merger cases, the suspension of investigations. Although the ECMR refers to the suspension of investigations as an exceptional instrument, it is used in a high proportion of cases. As the ECMR does not set a time limit for suspension,...
Persistent link: https://www.econbiz.de/10014196753
China's merger enforcement agency approved the Google/Motorola merger with conditions. This pattern of approval is not in full accordance with that in other jurisdictions, including the United States and the European Union, which made unconditional approvals. This contradiction attracted ample...
Persistent link: https://www.econbiz.de/10012963117
The economic analysis of delay in legal procedures has received considerable attention in the past. Most of these works focus on the determinants of delay in litigation but very little analysis has been dedicated to examining tactical delay caused by the parties to the litigation. This paper...
Persistent link: https://www.econbiz.de/10013117287
This article proposes an empirical method for finding the determinants of the size of remedy offers relative to the level required by the European Commission in individual cases. Evidence is presented that merger characteristics, such as the size of the transaction, or the number of horizontal...
Persistent link: https://www.econbiz.de/10013150098
This article looks at the distribution of two EC merger procedural events and examines the effect of the indefinite-length suspension of merger investigations. Although the ECMR refers to the suspension of investigations as an exceptional instrument, it is used in a high proportion of cases. As...
Persistent link: https://www.econbiz.de/10013155080
An important component of corporate governance is the regulation of significant transactions – mergers, acquisitions, and restructuring. This paper (a chapter in Oxford Handbook on Corporate Law and Governance, forthcoming) reviews how M&A and restructuring are regulated by corporate and...
Persistent link: https://www.econbiz.de/10013051345