Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Merger Control - Essay Example

Comments (0) Cite this document
The European Community has devised rules to ensure free competition in the Single Market. It is the European Commission's responsibility to ensure the application of these rules throughout the Community, in active collaboration with national governments. The EC competition rules are set out in Article 81 (formerly Article 85) and Article 82 (formerly Article 86) of the Treaty of Rome…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93% of users find it useful
Merger Control
Read TextPreview

Extract of sample "Merger Control"

Download file to see previous pages In order to ensure free competition in the Single Market, agreements which not only have a significant effect on the trade between the Member States but also prevent, restrict or distort competition in the Single Market are prohibited by Article 81.
Prohibition of behaviour which discourages competition is described in Article 81 (1) of the EC Treaty. In respect of investigations relating to mergers, to determine whether Article 81 EC will be applcable and to justify exceptions to the rule that there exists a distinction between merger control and the general competition law, a casual link must be established between the merger and the restriction of competition. In the absence of such a link, "the relevant coordination of the participants must be assessed in a separate proceeding under Article 81 (1) EC rather than as part of the merger control investigation under the E.C.M.R." An assessment under Article 81 of the EC, leads to the stoppage of the merger from going through and this constitutes an early attack on the parties.
Investigation under Article 81 EC results in leaving the concentration untouched and this necessitates the intervention of the European Commission to correct this behaviour. ...
The European Commission, while analyzing a merger under Article 81 (1) of the EC, considers in particular whether "two or more participating companies retain to a significant extent activities in the same market as the joint venture, or in a market which is downstream or upstream from that of the joint venture, or in a neighbouring market closely related to the relevant market." The final issue to be decided is whether the coordination, resulting from the creation of the joint venture, enables the participants to eliminate competition in respect of a major portion of the products or services being dealt with. The interstate clause defines the boundary in-between the areas respectively covered by the law of the Member States and the Community law.
Agreements which do not affect trade between member states are not covered by Article 81 EC. These agreements are the exclusive domain of the national authorities. This basic test of whether or not interstate trade was affected or not was dealt with by the E.C.J. in Socit Technique Minire v. Maschinenbau Ulm1, the E.C.J. held that "it must be possible to foresee with a sufficient degree of probability on the basis of a set of objective factors of law or of fact that the agreement in question may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States."
In respect of B2Bs, the test developed in Socit Technique Minire v. Maschinenbau Ulm, is apparently cleared without much difficulty, because of the type of the platforms, which function by utilizing the Internet. It is required by Article 81 (1) EC for every agreement to have as its objective or effect the prevention, restriction or distortion of fair competition. "The E.C.J. has held that these ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Merger Control Essay Example | Topics and Well Written Essays - 4000 words”, n.d.)
Merger Control Essay Example | Topics and Well Written Essays - 4000 words. Retrieved from
(Merger Control Essay Example | Topics and Well Written Essays - 4000 Words)
Merger Control Essay Example | Topics and Well Written Essays - 4000 Words.
“Merger Control Essay Example | Topics and Well Written Essays - 4000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Critically assess the working of the EU's merger control Regulation

... initial merger policies and regulations strongly built their grounds around the concept of prevention of market concentration, during which they failed to recognize the effect of the efficiencies.Therefore in the initial approach the efficiencies were not perceived as part of the competitive policy, but as part of the industrial policy, which on the other hand limited their appropriate treatment within the EU merger regulation17. Changes were made in 2004 with the new Merger Regulation (Regulation 139/2004), when the impact and significance of these efficiencies was finally recognized and a new approach towards merger control was introduced. This brand new approach on merger control, accents the following three fundamental concepts...
21 Pages(5250 words)Essay

Pro Merger And Anti Merger

...? Pro merger and anti merger Table of Contents Answer one: Mergers 4 Analysis of mergers 4 Lack of cultural assessment in the stages of M&A 5 Global Megamergers 7 Concentration can destroy value 8 Alternatives to big deal 9 References 12 12 Answer two: Expatriation 13 Management values and policy of international staffing 13 Geocentric practices 13 Expatriates and success in business 13 Challenges of cultural complexity 14 Culture Shock 15 Diversity capabilities reduce culture shock 16 Direct costs of expatriation 17 Cost of expatriate failure 17 Diversity management avoiding expatriate failure 18 Repatriation 19 Diversity strategies: keys to success 19 References 22 Answer one: Mergers Analysis of mergers The pace of mergers has reached...
17 Pages(4250 words)Essay

Is the EU merger control regulation necessary Is it a good system it is or is it prejudicial warranting amendments to achieve the goals it set out at its inception. The European Merger Control Law is designed to protect European consumers against unnecessary price increases or fluctuations as by-product of monopolies or companies gaining total control of the free market. Theorist opines that total control of the market of a single company can lead to economic dislocation if not contribute heavily to the economy’s collapse. The Merger Control Law prevents monopolistic prices to reign and ensures that the market is always at its equilibrium prices2 (Navarro, Font, Folguera, & Briones, 2002). Companies...
16 Pages(4000 words)Dissertation

WalMart Merger

...? Walmart Merger WALMART MERGER For a couple of decades now, Wal-Mart has been characterized as being the leader, the dominant firm and the Big One Retail Company, all relatively smaller firms look up to. The main reasons behind this are multifarious, with the consumers benefitting the most among them. This paper attempts to focus and analyze the impact of the merger of the smaller firms in the Retail Industry, with the Major leader – Wal-Mart. The effects of the merger on consumers, other retail companies and on society are presented, with the major attention on Wal-Mart, its emergence as a threat, and the profits, consumers gain from it. The paper has been divided into two main parts: the first part mainly dealing with the Retail...
7 Pages(1750 words)Assignment

Merger and Acquisition

... MERGERS AND ACQUISITIONS Introduction In recent years, economies around the globe have been facing frequent mergers, alliances and acquisitions due to rapidly changing needs of customers and markets. These activities usually, are functions of long term corporate strategy, need for diversification or expansion or merely some legal contractual obligations. Similarly, on June 14, 2012, Johnson & Johnson closed its deal of acquisition of Synthes Inc., a Swiss manufacturer of medical equipment used in providing artificial support structure to damaged human body parts. Johnson & Johnson, on the other hand, is one of the biggest names in the health care industry, serving customers around the globe with its baby care products, medical devices...
9 Pages(2250 words)Essay

Merger & Acquisitions

...? Merger and Acquisition Introduction With a vision of satisfying all their s’ financial needs as well as assistthem to succeed financially, Wells Fargo Bank is a multinational bank and the fourth largest bank in the USA and the second largest bank in terms of deposits, servicing, home mortgaging and debit cards. The bank consists of the executive management which includes John Stumpf, the CEO who is the president and chairman of the company, the senior executives, directors, legal advisors, human resource managers among the 270,000 team members (Chandler 2006). Its services also include consumer and commercial financing through more than 9000 stores, 12000 ATMs and the internet among others (Chandler 2006). Toronto Dominion Bank (TD) Bank...
3 Pages(750 words)Essay

Merger motives

...The Merger of Equals The announcement of the proposed merger of Boots Group PLC with Alliance Unichem on 3rd October 2005, will result in the creation of UK's largest pharmaceutical company. When completed, the combined companies will own a 40 percent market share of the wholesale and a 17 percent share of the pharmacy market (BBC, 2005). Though it has been to referred to as the 'merger of equals' by its directors, it is a merger of two complimentary companies. They each have their own motivations and divergent reasons for entering into a merger. They are also driven by a common goal, growth. The product and market differences currently enjoyed by Boots and Alliance, will merge together in the hopes of stimulating greater growth than...
2 Pages(500 words)Essay

Crossboder Merger

...Bibliography: Sydney Finkelstein (1999) Safe Ways to Cross the Merger Minefield Financial Times Mastering Global Business: The Complete MBA Companion in Global Business, London: Financial Times Pitman Publishing pp 119-123. mmO2 Website Our Businesses O2 Website O2 At a Glance Caves, R. E. (1974). Causes of direct investment: Foreign firms' shares in Canadian and U.K. manufacturing industries. Review of Economics and Statistics, 56, 279-93. Conn, R. L., & Connell, F. (1990). International mergers: Returns to U.S. and British firms. Journal of Business Finance and Accounting, 17, 689-711. Doukas, J., & Travlos, N. G. (1988). The effect...
38 Pages(9500 words)Essay

Daimler Chrysler Merger

... behind the combination is the necessity to create ever-larger globally-based enterprises which can compete in all the major markets of the world, and especially in the three main centers of world capitalism: North America, Europe and Asia. Before the merger, Chrysler and Daimler-Benz were essentially regional producers--Chrysler with the third-largest market share in North America, Daimler-Benz controlling the luxury market in Europe. Chrysler was compelled to sell its European and Latin American operations during its financial crises of the 1980s and early 1990s. The company sold only 17,713 vehicles outside North America, compared to nearly a quarter of a million vehicles in its home market in the month of April, 1998. Daimler-Benz only...
17 Pages(4250 words)Case Study

Merger Dilemma

...Merger Dilemma Merger Dilemma Many employees are usually affected by organizational changes. There is need for training In order to help employees cope with changes resulting from merging. Training will increase employees’ confidence to adapt to any changes caused by the merger process. The other method that will help employees adapt to change effectively includes explaining the benefits and importance of change to them and the whole organization. The process will help them develop positive attitude towards change. Involving employees in all phases of merging will motivate them to embrace changes (Schuler & Jackson, 2001). One of the challenges that face merging business is conflict among employees. This is usually caused by differing...
1 Pages(250 words)Assignment

The Human Rights Act 1998 and Immigration Control

As stated by O’Donnell (2004): “a truly democratic rule of law ensures political rights, civil liberties, and mechanisms of accountability which in turn affirms the political equality of all citizens and constrain political abuses of state power.” (p.32)

Various laws and policies have been designed to restrict entry for a variety of reasons. The reasons may be economic, as when foreign immigrants could take jobs that should have gone to citizens of the country. It can also be for reasons of security, quite relevant in this present time, considering the surfeit of terrorist bombings brought about by religious fundamentalism.

The primary Human Rights document in the United Kingdom is the Human...
11 Pages(2750 words)Term Paper

Budgetary Control and Costing System

Job costing and Process Costing are the two basic methods of costing. Job costing is suitable to industries, which manufacture or execute the work according to the specifications of the customers. Process costing is suitable to industries where production is continuous and the units produced are identical. All other methods are combinations, extensions or improvements of these basic methods.

1. JOB COSTING: It is also called specific order costing. It is adopted by industries where there is no standard product and each job or work order is different from the others. The job is done strictly according to the specifications given by the customers and usually, the job takes only a short time for completion. The purpose of...
17 Pages(4250 words)Case Study

Merger and Acquisition in Airline Industry

Over the last two decades, there has been a profound shift in thinking about the role that people play in the success of the business, with a growing view that the management of people is a key organizational capability and one, which should be highly integrated with the strategic aims of the business. A cornerstone of this notion of International human resource management is the creation of linkage or integration between the overall strategic aims of the business and the human resource strategy and implementation. Despite new and increasing challenges, the global industry facilitates economic growth, global trade, and international tourism and continues to restructure, develop and adapt to counter them such as through mergers and...
20 Pages(5000 words)Case Study

Regulating Gun-Control & Public

It would be pertinent to identify the various kinds of arms regulation, put forth by those who advocate them before we understand the dynamics of arms regulation issues. Gun controls are of various kinds, but we shall discuss the most recently executed methods which the scope of this discussion encompasses (Poe, 2001).
Presently, in most of the cities and states of the country, an obligatory waiting period is enforced which is one the most common kind of gun control. This period is usually from three to seven days and the purpose is to slow down the purchase of a gun in order to harness an impulsive desire to execute a crime. A waiting period is often advocated by its proponents due to the reason that in case a person was not...
12 Pages(3000 words)Assignment

Building Control, Planning and Health and Safety

For semi-detached or detached house the volume of the extension is less than 70m3 or 15 percent of the volume of the original building whichever is the greater subject - with an absolute limit of 115m3.” [1]

Though apparently the extension pertains to none of the above cases yet the purpose of the extension if renewed and renovated it may not at all require the Building Regulation’s approval and obtain a retrospective Building Regulation consent for the extension from the Local Authority. When the house converted to a terraced house the extension’s construction becomes perfectly legal considering it is less than 50 cc or 10% of the volume of the original building as cited above. Poles are bored to crea...
6 Pages(1500 words)Case Study

Investment Appraisal and Management Control

...Investment Appraisal and Management Control Introduction: Businesses have to make large investments every year. Investments are generally made on buildings, office equipments, transport, etc. It is very essential that management make informed decisions on every investment made since these decisions are not easily reversible, and involve large sums of money, are very futuristic, and have long-term consequences (Bott, 2008). All decisions made by the management affect the company’s revenue in one way or another. Hence, it is important that managers are aware of the consequences of every decision they take, be it, buying a computer for a small company or a vehicle for delivery of goods, or manufacturing plant for the company or a company...
14 Pages(3500 words)Report

Weight Control as a Key to Self Improvement

To date, some 38 million Americans are “significantly heavier” than average, and because of this fact alone are targets for societal and institutional prejudice. People who are judged fat are discriminated against at work, school, in acquiring access to public accommodations, in applications for insurance, and access to adequate medical care. (Angier, 2005)

Many people take the words “obese” and “overweight” to mean the same thing. Actually, they are not. Overweight refers to an increased body weight (not necessarily increase in body fat) relative to height, above that which is generally accepted as a standard. (Capella University, 2004). Obesity, however, is “defined simply as...
16 Pages(4000 words)Thesis

Aircraft Maintenance Control

...Maintenance Control Part I The Holder of the Certificate of Registration or the Registered Operator is responsible for the maintenance of the aircraft. The Registered Operator makes sure that all the maintenance activities carried out on the aircraft are in accordance with the requirements of the SoM. To carry out that responsibility effectively, the Registered Operator appoints a person as the maintenance controller for the aircraft or sometimes appoints a Continuing Airworthiness Management Organisation (CAMO). One of the key roles of maintenance controllers includes setting departmental goals and developing effective strategies to meet those goals. Aircraft maintenance and aeronautical repair are the two major functions...
6 Pages(1500 words)Term Paper

Effect of Gun Control Legislation on Criminal Activities

...Effect of Gun Control Legislation on Criminal Activities ID# Introduction "No free man shall ever be debarred the use of arms.” (Jefferson, 1801-1809) In a democracy, where the citizenry has diverse rights, duties and obligations, the constitution of the United States stands out as a beacon of hope and direction amongst other democracies. The constitution holds within it certain inalienable rights of every citizen by the people, of the people and for the people (The Gettysburg Address). These are contained in the Bill of rights. The Second Amendment (America, 1791) to the constitution of the United States of America recognizes the right of its citizens to bear arms. This right was envisioned as essential inviting constitutional mandating...
14 Pages(3500 words)Research Paper

The Issue of Gun Control

On the other hand, pro-gun control activists are also pushing for a policy shift where guns can be controlled as a way of trying to reduce violent crimes committed by gun owners. Besides this state of affairs, I am of the view that guns should not be controlled since they play a pivotal role in our lives.
It can be noted that the places where individuals stay also determine their need to own guns or not. Reach Chuck argues that gun ownership depends on where one lives. Most people in rural America believe that guns are an integral part of their lives. For instance, “A compilation of December Gallup polls showed that rural Americans — roughly one-sixth of the population — are more than twice as likely to have...
6 Pages(1500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Merger Control for FREE!

Contact Us