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9789041106520

Merger Control in the United Kingdom and European Union

by ;
  • ISBN13:

    9789041106520

  • ISBN10:

    9041106529

  • Format: Paperback
  • Copyright: 1997-01-01
  • Publisher: Kluwer Law Intl
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Summary

Merger Control in the United Kingdom and European Union clearly and concisely sets out the rules and procedures governing mergers at both national and European Union (EU) levels. This how-to guide assists practitioners involved in mergers by identifying: whether a transaction will come under the UK or the EU system who needs to be notified when and how notifications need to be filed under the UK or the EU system the various stages of the process Because in this area policy--rather than merely legal rules--plays a central role, Merger Control in the United Kingdom and European Union also identifies the various strands and developments of merger policy in Whitehall and in Brussels. The book has been fully updated to take account of the new legislative and interpretative measures introduced by the European Commission in December 1994 on the application of the EC Merger Regulation, As well as the UK statutory instruments enacted in March 1996 to amend merger control and competition rules, and recent developments involving mergers in the privatised utilities. Also included in this single volume are the texts of the relevant UK and EU legislation. This guide will interest all businesses involved in or contemplating transactions which could come under the rules, As well as lawyers, bankers, accountants and other professional advisers, and policymakers and observers of this developing area of law and policy.

Table of Contents

Preface ix
Part I---UK Merger Control
Introduction
1(1)
Summary of the UK System
2(2)
Mergers Subject to UK National Control
4(10)
Is it a Merger Situation?
4(5)
Does it Qualify for Investigation?
9(2)
Is it outside EC Jurisdiction under the EC Merger Regulation?
11(3)
The Institutions
14(2)
The Secretary of State
15(1)
The OFT
15(1)
The MMC
15(1)
UK Merger Policy
16(18)
Legal Framework
17(1)
Political Dimension
17(2)
Assessing the Effects on Competition
19(1)
Competition
Relevant Geographical Market
20(2)
Relevant Product Market
22(2)
Structure of the Market
24(1)
Countervailing Buyers' Power
25(1)
Barriers to Entry and Potential Competition
25(1)
Vertical Integration
26(2)
Other Factors
International Competitiveness of UK Companies
28(1)
Deregulation
29(1)
Employment Issues
29(1)
Defense and Strategic Considerations
30(1)
Foreign Ownership
31(1)
State Ownership
32(1)
Rival Bids
33(1)
Procedure---Merger Reference or Clearance
34(15)
The Secretary of State's Powers
34(1)
The OFT's Role and Evaluation
35(1)
Notification
35(5)
The Decision
40(2)
Offering Undertakings
42(6)
Fees
48(1)
Procedure---MMC Inquiry
49(5)
Interim Orders
49(2)
Laying aside the Reference
51(1)
Conduct of the Inquiry
51(2)
MMC Report
53(1)
Procedure---Action following MMC Report
54(1)
Penalties for False or Misleading Information
55(1)
Special Sectors
56(4)
Newspaper Mergers
56(2)
Mergers in Regulated Industries
58(2)
Other Relevant UK Laws
60(6)
Restrictive Trade Practices Act 1976
60(5)
Industry Act 1975
65(1)
City Code on Takeovers and Mergers
65(1)
Articles 85 and 86 of the EC Treaty
66(1)
US Anti-Trust Rules
66(5)
Part II---EC Merger Control
Introduction
71(1)
Background to the Adoption of the Merger Regulation
72(1)
Article 85
73(3)
Article 86
76(2)
EEA
78(1)
Merger Regulation
79(206)
Merger Regulation and Supporting Documents
79(1)
Summary of the Main Features of the Merger Regulation
80(1)
Scope of Application: Concentration
81(18)
Scope of Application: ``Community Dimension''
99(14)
Prior Notification
113(4)
Suspension
117(1)
Examination of Notification
118(5)
Compatibility with the Common Market
123(2)
Ancillary Restrictions
125(1)
Commission Procedure
126(6)
Powers of Member States
132(4)
Articles 85 and 86
136(1)
Reciprocity
137(1)
Conclusion
138(1)
Appendix A---UK Legislation
Fair Trading Act 1973 Merger Provisions
139(33)
Appendix B---EC Legislation
Council Regulation (EEC) 4064/89 on the control of concentrations between undertakings
172(24)
Commission Regulation (EEC) 3384/94 on the notification, time limits and hearings provided for in Council Regulation (EEC) 4064/89
196(34)
Appendix C---Interpretative Notices
Commission Notice on the distinction between concentrative and cooperative joint ventures
230(7)
Commission Notice on the notion of a concentration
237(11)
Commission Notice on the notion of undertakings concerned
248(13)
Commission Notice on calculation of turnover
261(17)
Commission Notice regarding restrictions ancillary to concentrations
278(7)
Index 285

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