Globalization and the Limits of National Merger Control Laws

Pirmais vāks
Kluwer 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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Saturs

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
b The Chicago School
363
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