Globalization and the Limits of National Merger Control LawsKluwer Law International B.V., 2003. gada 1. febr. - 370 lappuses Companies today pursue their goals with little regard for national borders. However, it remains true that business activity is regulated to a significant extent by each national jurisdiction. This is particularly true of mergers; as anyone knows who has ever been involved in a transnational merger in multiple jurisdictions, the knottiest problems and issues arise from variations in national competition and merger laws. This extremely valuable new book offers an in-depth proposal for an international merger control regime that is firmly grounded in and supported by a framework of economic and legal theory. It arrives at its conclusions along three major avenues: a study of the concepts of global public good and consumer welfare that underlie the progress of globalization; detailed analyses of the two most important and highly developed merger law systems, those of the European Union and the United States; and a systematic and comprehensive review of the major existing proposals, both institutional and scholarly, for an international merger control regime.A special chapter is devoted the complex custodial role of the World Trade Organization, both in its present activity and as it is envisioned in the various proposals. Globalization and the Limits of National Merger Control Laws takes a giant step toward breaking down one of the last and most intransigent barriers to global free trade. It will be avidly studied and put to use by business lawyers and policymakers everywhere, and will quickly take its place as a fundamental work for teachers and students of international trade and international relations. |
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INTRODUCTION | 1 |
EUs Support for Competition Law in the | 2 |
Comity f Confidentiality of Information 2 Advantages of the USEU Cooperation Agreement | 3 |
INTERNATIONAL MERGER CONTROL REGIME A Implications of the Review of the Proposals 1 Procedural Elements | 8 |
HOW AND IMPACT | 11 |
Global Public Good Qualities of Global Consumer Welfare a Supply Problems | 25 |
Concluding Remarks | 27 |
a Financial Industry | 32 |
COMPARISON BETWEEN THE US AND EC MERGER | 183 |
Notification Thresholds | 189 |
b Definition of Relevant Markets | 195 |
a Notification | 201 |
The Southern Cone 8 WTO Fourth Protocols Reference Paper on ProCompetitive | 218 |
THE WTO AS THE CUSTODIAN FOR THE IMCR | 224 |
1 | 225 |
WTOs Working Group on Interaction Between Trade | 231 |
Petroleum Industry | 38 |
Objective | 44 |
Cost to Competition Agencies | 52 |
US ANTITRUST AND MERGER CONTROL LAWS | 60 |
The Clayton Act 1914 | 72 |
b Authority of the | 78 |
Efficiencies | 98 |
Merger Review Process | 109 |
g Failing Firm Defense | 115 |
240 | 119 |
NAAG DoJFTC Protocol for Joint StateFederal Merger Investigations | 121 |
Summary of the Lessons Learned | 129 |
The Treaty of Rome 1958 | 134 |
B Enhanced Economic Integration | 137 |
The Treaty of Rome | 143 |
Political | 148 |
Instrument for Transnational Merger Review | 154 |
Failing Firm Defense | 166 |
The Lead Jurisdiction Model | 177 |
PROPOSALS ADVANCED FOR TRANSNATIONAL | 241 |
Reform of the Merger Review Process | 247 |
The Munich Group | 253 |
OECD | 259 |
E Campbell and Trebilcock | 265 |
Substantive Standards and BeggerThyNeighbour Policies | 276 |
CritiqueComments | 282 |
Enforcement Guidelines | 288 |
Premerger Notification | 292 |
Waiting Period Before | 297 |
Supranational Institution v a Lead Jurisdiction | 303 |
Draft Annex on Transnational Merger Review | 310 |
Test Case for the IMCR | 318 |
12 | 325 |
Summary of the Proposals Reviewed and the IMCR | 351 |
175 | 357 |
363 | |
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Globalization and the Limits of National Merger Control Laws Joseph Wilson Ierobežota priekšskatīšana - 2003 |
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