• European Merger Control Law: A Guide to the Merger Regulation
 
 
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European Merger Control Law: A Guide to the Merger Regulation

European Merger Control Law: A Guide to the Merger Regulation

European officials actively review mergers, acquisitions, and other combinations ...


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    European officials actively review mergers, acquisitions, and other combinations between companies doing business in the European Union. European Merger Control Law: A Guide to the Merger Regulation is an indispensable guide to this process.

    Topics covered include:
  • History of the European Community's Merger Control Regulation
  • Concentrations Subject to the Merger Control Regulation
  • Division of Powers between the EC and Its Member States
  • Notification and Administrative Procedures
  • Defenses
  • Remedies
  • International Cooperation
  • U.S. Merger Control
  • Role of Economics in European Merger Control
  • Competition Law Issues in the Mergers and Acquisitions Deal Process

    First published in 2003.

    Looseleaf; updated with revisions.

    2 Volumes

    View Chapter Excerpt

    Featured Mergers & Acquisitions Publications

    • VOLUME 1

    Chapter 1 Overview
    Chapter 2 Legislative History and Legal Basis
    Chapter 3 Implementation and Enforcement
    Chapter 4 Application and Evolution
    Chapter 5 Concentrations
    Chapter 6 Community Dimension
    Chapter 7 The Division of Powers Between the Commission and the Member States
    Chapter 8 Definition of the Relevant Market
    Chapter 9 Market Share Calculation and Assessment
    Chapter 10 Substantive Appraisal
    Chapter 11 Unilateral Effects
    Chapter 12 Conglomerate Effects
    Chapter 13 Vertical Effects
    Chapter 14 Coordinated Effects
    Chapter 15 Efficiencies and the Failing Firm Defense
    Chapter 16 Spill-Over Effects of Joint Ventures
    Chapter 17 Notification and Administrative Procedure
    Chapter 18 Remedies
    Chapter 19 Ancillary Restraints
    Chapter 20 Judicial Review
    Chapter 21 Application of Articles of 81 and 82 to Concentrations and Other Acquisitions
    Chapter 22 International Cooperation
    Chapter 23 U.S. Merger Control Law
    Chapter 24 The Role of Economics in European Merger Control
    Chapter 25 EU Competition Law Issues in the M&A Deal Process
    Table of Cases
    Table of Legislation
    Index

    VOLUME 2

    Appendix 1 COUNCIL REGULATION (EC) No 139/2004 of January 20, 2004 on the control of concentrations between undertakings
    Appendix 2 COUNCIL REGULATION (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings, as amended by Council Regulation (EC) No 1310/97 of 30 June 1997
    Appendix 3 COMMISSION REGULATION (EC) No 802/2004 of 7 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings
    Appendix 4 FORM CO relating to the notification of a concentration pursuant to Regulation (EC) No 139/2004
    Appendix 5 SHORT FORM for the notification of a concentration pursuant to Regulation (EC) No 139/2004
    Appendix 6 FORM RS (RS = reasoned submission pursuant to Article 4(4) and (5) of Council Regulation (EC) No 139/2004)
    Appendix 7 COMMISSION NOTICE on the concept of concentration under Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings
    Appendix 8 COMMISSION NOTICE on the concept of undertakings concerned under Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings
    Appendix 9 COMMISSION NOTICE on calculation of turnover under Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings
    Appendix 10 COMMISSION NOTICE on the concept of full-function joint ventures under Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings
    Appendix 11 COMMISSION NOTICE on the definition of the relevant market for the purposes of Community competition law
    Appendix 12 Commission Notice on restrictions directly related and necessary to concentrations
    Appendix 13 COMMISSION NOTICE on remedies acceptable under Council Regulation (EEC) No 4064/89 and under Commission Regulation (EC) No 447/98
    Appendix 14 Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004
    Appendix 15 Commission Notice on Case Referral in respect of concentrations
    Appendix 16 GUIDELINES on the assessment of horizontal mergers under the Council Regulation on the control of concentrations between undertakings
    Appendix 17 Divestiture Commitments: Model Texts and Best Practice Guidelines
    Appendix 17-1 STANDARD MODEL for Divestiture Commitments
    Appendix 17-2 STANDARD MODEL for Trustee Mandate
    Appendix 17-3 EXPLANATORY NOTE on the Commission’s Model Texts for Divestiture Commitments and the Trustee Mandate under the EC Merger Regulation
    Appendix 18 EC Merger Notification and Procedures Template
    Appendix 19 DG COMPETITION Best Practices on the conduct of EC merger control proceedings
    Appendix 20 BEST PRACTICES on cooperation in merger investigations US–EU Merger Working Group
    Appendix 21 DG Competition Information Note on Art. 6(1)c 2nd sentence of Regulation 139/2004
    Appendix 22 Court of Justice and Court of First Instance Practice Directions
    Appendix 23 1992 Horizontal Merger Guidelines
    Appendix 24 1984 DOJ Merger Guidelines
    Appendix 25 Premerger Notification and Report Form, With Style Sheet
    Appendix 26 Premerger Notification and Report Form — Instructions
    Appendix 27 Sherman Act
    Appendix 28 Clayton Act
    Appendix 29 Federal Trade Commission Act
    Appendix 30 National Cooperative Research Act
    Appendix 31 Leading Cases by Topic
    Appendix 32 Leading Cases by Sector
    Appendix 33 Member States’ Merger Control Thresholds and Agencies
    Appendix 33-1 Member States’ Merger Control Thresholds
    Appendix 33-2 Member States’ Merger Control Agencies
    Appendix 34 Article 9 Referrals
    Appendix 35 Phase I Cases With Remedies
    Appendix 36 Phase II Cases Aborted or Withdrawn
    Appendix 37 Phase II Cases Without Remedies
    Appendix 38 Phase II Cases With Remedies
    Appendix 39 Case Summaries of Commission Prohibition Decisions
    Appendix 40 Community Court Judgments
    Appendix 41 Merger Control Statistics 1990 - 2005

     

    Nicholas Levy


    Nicholas Levy is a partner based in the Brussels and London offices of leading international law firm, Cleary Gottlieb Steen & Hamilton LLP.

    Mr. Levy's practice focuses on EU and U.K. antitrust law. He has extensive experience in notifying mergers and joint ventures under the EU Merger Regulation, as well as coordinating the pan-European notification of international transactions with various national antitrust agencies, particularly the U.K. Office of Fair Trading.

    Mr. Levy has been involved in many leading merger cases, including:
    • DuPont/ICI
    • P&G/VP Schickedanz
    • Kimberly-Clark/Scott Paper
    • Goodyear/Dunlop
    • Caterpillar/Perkins
    • Coca-Cola Enterprises/ABGB
    • Blokker/Toys ?R? Us
    • Alcoa/Reynolds
    • General Electric/Honeywell
    • Sony/BMG
    • Inco/Falconbridge
    • Euronext/LSE
    • Ryanair/Aer Lingus II
    • Abbott/Solvay Pharmaceutical
    • NYSE Euronext/Deutsche Börse
    • UTC/Goodrich
    • Lafarge/Anglo American
    • Sony/EMI Music Publishing

     

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