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Research Handbook on Global Merger Control

Edited by: Ioannis Kokkoris, Nicholas Levy

ISBN13: 9781800378186
Published: June 2023
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £255.00



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Over the past 30 years, merger control has become a well-accepted tool of global regulation with broad consensus around its ambit and objectives. That consensus has fractured in recent years. Enforcement today is at a critical juncture, facing an array of challenges and calls for reform unprecedented in their scope and intensity.

Authored by leading legal practitioners, economists, enforcers, and jurists, this timely Research Handbook on Global Merger Control discusses various critiques that have been made and considers an array of jurisdictional, procedural, substantive, and other issues that are generating intense debate across the antitrust community. These include the scope and objectives of merger control, whether merger control can be reconciled with industrial policy, whether the consumer welfare standard is an appropriate tool for substantive assessment, whether merger control should be used to meet broader policy objectives, and whether existing rules and presumptions are appropriate for the digital age.

This Handbook will be of great value to anyone interested in global merger control, digital markets, industrial policy, and the role of public interest considerations. It provides an excellent tool for academics and practitioners looking to gain a rounded view of current issues in global merger control and an understanding of how enforcement is likely to evolve.

Subjects:
Competition Law, Mergers and Acquisitions
Contents:
Foreword xii
Preface xv
List of abbreviations xvi
Research Handbook on Global Merger Control: Introduction and synopsis 1
Ioannis Kokkoris and Nicholas Levy

PART I. INSIGHTS ON SELECT TOPICS
1. The proliferation of global merger control 11
Mark Leddy, Kenneth Reinker and Lars-Peter Rudolf
2. Why agencies diverge in their reviews of global deals 49
Barry Hawk, Frederic Depoortere, Ken Schwartz and Andrew Foster
3. Market definition in merger control revisited 87
Jorge Padilla, Joe Perkins and Salvatore Piccolo
4. Mergers with homogenous products: A primer 108
Hans Zenger and Pierre RŽgibeau
5. The past, present and future of the SIEC standard in EU merger review 128
Sven B. Všlcker
6. How to address under-enforcement in digital markets? 147
Robert Ryan, James Rutt and Mike Walker
7. Is the approach to “failing” and “flailing” firms in merger control fit for purpose? 163
Nicole Kar and Josh Buckland
8. Efficiencies in horizontal mergers: the white whale of EU merger control? 189
Bojana Ignjatovic and Joan de Solˆ-Morales
9. The jurisdictional reach of EC merger control: Striking the right balance 215
Nicholas Levy, Andris Rimsa and Bianca Buzatu
10. The importance of judicial review for the future of EU merger control 240
Bo Vesterdorf, Kristien Geeurickx, Camille Puech-Baron and Kyriakos
Fountoukakosv
11. The politics of merger control in the European Union 266
Jonathan Faull
12. Industrial policy and EU merger control – finding the right tools 272
Philip Lowe, Adam Kidane, and Alec Burnside
13. EU merger control and national security assessment: A moving target 327
Ioannis Kokkoris
14. Can EU merger control resist the turn towards protectionism? 351
Anu Bradford
15. Mergers, antitrust and the China card 366
Eleanor M. Fox
16. Greening merger control? The role of environmental considerations in merger analysis 382
Suzanne Kingston

PART II. JURISDICTION-SPECIFIC INSIGHTS
17. Mergers Down Under 402
Deborah Healey and Rhonda L. Smith
18. Global mergers and international remedies 426
Alexandre Cordeiro Macedo
19. China’s merger control 436
Cunzhen Huang and Yiming Sun
20. National merger control regimes: France 461
Étienne Chantrel
21. In review: Merger control in India 485
Nisha Kaur Uberoi
22. Merger control in Japan: Select jurisdictional, procedural and
substantive developments 514
Kozo Kawai and Madoka Shimada
23. Merger control in Russia: Review and perspectives 536
Andrey Tsyganov, Lesya Davydova and Anastasia Dokukina
24. Jurisdictional and policy issues in South Africa, including a focus on
digital markets 562
Tembinkosi Bonakele
25. UK merger control: Select jurisdictional, procedural and substantive issues 593
Colin Raftery, Elie Yoo and Andrew Hilland
26. US merger control 616
D. Bruce Hoffman and Gabriel J. Lazarus

Index