Mergers & Acquisitions

The EU Merger Regulation: Substantive Issues, 5th Edition

Edited by Alistair Lindsay · Alison Berridge
Sweet & Maxwell U.K. June 2017

Specifications

ISBN-13
9780414052598
Publisher
Sweet & Maxwell U.K.
Publication
June 2017
Format
Hardback
Jurisdiction
European Union ? Countri(es) for reference only

Details

The EU Merger Regulation: Substantive Issues provides a detailed guide to the analysis of mergers by the European Commission.

It examines how the Commission determines whether to approve a notified concentration, presenting the most comprehensive guidance available on the substantive analysis at the heart of EU merger control.

This new edition examines implementation of the reforms to the Merger Regulation originally proposed in the Commission’s 2014 White Paper, as well as discussing all key recent court and Commission decisions.

  • Describes how the Commission reaches its decisions under the EU Merger Regulation, discussing why some transactions are blocked, and others cleared
  • Explains how the Commission applies fundamental concepts such as market definition and market operation
  • Looks at the theories of harm likely to be raised against a merger and possible counter-arguments
  • Discusses the categories of evidence canvassed before the Commission
  • Considers the implications of significant recent Commission decisions
  • Examines key decisions of the European courts
  • Considers the important influence of the revised US horizontal merger guidelines
  • Assesses the approach of the new Commission appointed in 2014

Table of Contents

1. The Economic Justification for Merger Control
2. The SIEC Test and Other Legal and Methodological Issues
3. Market Definition
4. Market Shares and Concentration Levels
5. The Counterfactual
6. Market Operation
7. Horizontal Mergers: Non-Coordinated Effects
8. Coordinated Effects
9. Loss of Potential Competition and Mergers in Neighbouring Markets
10. The Merged Group’s Buyer Power
11. Vertical Issues
12. Conglomerate Issues
13. Coordination in Joint Ventures
14. Competition From Actual Rivals
15. Countervailing Buyer Power
16. New Entry
17. The Failing Firm Defence
18. Efficiency Gains
19. Other Evidence of the Likely Effects of the Merger on Consumers
20. Remedies

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