Merger Remedies in American and European Union Competition Law

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Merger Remedies in American and European Union Competition Law

9781843764526 Edward Elgar Publishing
Edited by François Lévêque, Professor of Law and Economics, École des mines de Paris, France and Howard Shelanski, Georgetown Law, US
Publication Date: 2004 ISBN: 978 1 84376 452 6 Extent: 240 pp
This impressive volume presents a detailed comparative analysis of merger remedies in the EU and US, motivated by the fact that a growing number of mergers are being scrutinised and reviewed under both jurisdictions. Merger remedies on either side of the Atlantic play an increasingly important role in the implementation of public policy with regard to the economic concentration of industry. The book provides an understanding of merger remedies in general, and of procedural and substantive differences in the approach of the EU and the US. The editors have gathered together leading European and American practitioners and scholars to comprehensively discuss this issue. They aim to help policymakers decide if, and how, current practices can be improved, and to help firms and their counsel better prepare cases and predict outcomes.

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Critical Acclaim
Contributors
Contents
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This impressive volume presents a detailed comparative analysis of merger remedies in the EU and US, motivated by the fact that a growing number of mergers are being scrutinised and reviewed under both jurisdictions. Merger remedies on either side of the Atlantic play an increasingly important role in the implementation of public policy with regard to the economic concentration of industry. The book provides an understanding of merger remedies in general, and of procedural and substantive differences in the approach of the EU and the US. The editors have gathered together leading European and American practitioners and scholars to comprehensively discuss this issue. They aim to help policymakers decide if, and how, current practices can be improved, and to help firms and their counsel better prepare cases and predict outcomes.

This volume sets forth an agenda for future research by providing a critical overview of merger remedies and their implementation in the EU and US. It will become the requisite study in the field for scholars of industrial organisation, law and economics, and for legal practitioners and policymakers working in the realm of competition law.
Critical Acclaim
‘The editors aimed to launch the relevant research agenda and develop questions, ideas and information for future research. This goal should be most welcome and has been fully achieved.’
– Alexandre de Streel, European Competition Law Review
Contributors
Contributors: W.J. Baer, J. Farrell, F. Jenny, T.B. Leary, G. Le Blanc, F. Lévêque, M. Monti, M. Motta, M. Polo, R.C. Redcay, P. Rey, D.L. Rubinfeld, H. Shelanski, H. Vasconcelos, A. Winckler, D.P. Wood
Contents
Contents: Introduction Part I: Legal Principles and Procedures 1. The Commission’s Notice on Merger Remedies 2. The Essential Stability of Merger Policy in the United States 3. Solving Competition Problems in Merger Control: The Requirements for an Effective Divestiture Remedy 4. A Comparison of Merger Review and Remedy Procedures in the United States and the European Union 5. Some Comments on Procedure and Remedies under EC Merger Control Rules: Something Rotten in the Kingdom of the EC Merger Control? Part II: Economic Analysis 6. Negotiation and Merger Remedies: Some Problems 7. Merger Remedies in the European Union: An Overview 8. Economic Analysis and the Choice of Remedies Part III: Cases in High-Tech Industries 9. Access Remedies in High-Technology Antitrust Cases 10. Design and Implementation of Merger Remedies in High-Technology Industries 11. Telecommunications Mergers in the EU and US: A Comparative Institutional Analysis Index
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