Lexis Nexis European Merger Control Law: A Guide to the Merger Regulation
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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
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Table of contents
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 Jurisdictional Thresholds
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 101 and 102 to Concentrations and
Other Acquisitions
Chapter 22 International Cooperation
Volume 2
Chapter 23 U.S. Merger Control Law
Chapter 24 The Role of Economics in European Merger Control
Chapter 25 Competition Law Issues in the M&A Deal Process
Table of Cases
Table of Legislation
Index
Appendix 1 Council Regulation (EC) No 139 of 20 January 2004 on the control of
concentrations between undertakings
Appendix 2 Commission Regulation (EC) No 802 of 7 April 2004 implementing
Council Regulation (EC) No 139 on the control of concentrations
between undertakings
Appendix 3 Form CO relating to the notification of a concentration pursuant to
Regulation (EC) No 139, 2013 O.J. L336ǚ
Appendix 4 Short Form CO for the notification of a concentration pursuant to
Regulation (EC) No 139, 2013 O.J. L336ቮ
Appendix 5 Form RS relating to reasoned submissions pursuant to Article 4Ɣ) and ƕ)
of Council Regulation (EC) No 139, 2013 O.J. L336ቹ
Appendix 6 Commission Consolidated Jurisdictional Notice under Council Regulation
(EC) No 139 on the control of concentrations between undertakings
Appendix 7 Commission Notice on the definition of relevant market for the purposes of
Community competition law ခ/C 372)
Appendix 8 Guidelines on the assessment of horizontal mergers under the Council
Regulation on the control of concentrations between undertakings /C
31)
Appendix 9 Commission Guidelines on the assessment of non-horizontal mergers under
the Council Regulation on the control of concentrations between
undertakings
Appendix 10 Commission Notice on restrictions directly related and necessary to
concentrations /C 56)
Appendix 11 Commission Notice on remedies acceptable under Council Regulation (EC)
No 139 and under Commission Regulation (EC) No 802
Appendix 12 Form RM relating to the information concerning commitments submitted
pursuant to Article 6ƒ) and 8ƒ) of Regulation (EC) No 139
Appendix 13 Commission Notice on a simplified procedure for treatment of certain
concentrations under Council Regulation (EC) No 139
Appendix 14 Commission Notice on Case Referral in respect of concentrations
Appendix 15 Case Team Allocation Request Form
Appendix 16 Divestiture Commitments: Model Texts and Best Practice Guidelines
Ώ] Standard Model for Divestiture Commitments
ΐ] Standard Model for Trustee Mandate
Α] Explanatory Note on the Commission's Model Texts for Divestiture
Commitments and the Trustee Mandate under the EC Merger Regulation
Appendix 17 EU Merger Notification and Procedures Template
Appendix 18 DG Competition Best Practices on the conduct of EC merger control
Proceedings
Appendix 19 Best Practices on cooperation in merger investigations US-EU Merger
Working Group
Appendix 20 DG Competition Best Practices for the submission of economic evidence
and data collection in cases concerning the application of Articles 101 and
102 TFEU and in merger cases
Appendix 21 Court of Justice and General Court Practice Directions
Appendix 22 U.S. 2010 Horizontal Merger Guidelines
Appendix 23 1984 DOJ Merger Guidelines, Section 4
Appendix 24 Hart-Scott-Rodino Filing Form
Appendix 25 Notes to the Hart-Scott-Rodino Filing Form
Appendix 26 Sherman Act
Ώ] Section 1
ΐ] Section 2
Appendix 27 Clayton Act
Ώ] Section 1
ΐ] Section 7
Α] Section 7A
Β] Section 16
Appendix 28 Federal Trade Commission Act Section 5
Appendix 29 National Cooperative Research and Production Act
Ώ] Section 1
ΐ] Section 2
Α] Section 3
Β] Section 4
Γ] Section 5
Δ] Section 6
Appendix 30 Member State Merger Control Laws and Agencies
Ώ] Member States' Merger Control Thresholds
ΐ] Member States' Merger Control Agencies
Appendix 31 Merger Control Statistics 1990 through 2013
Appendix 32 Leading Cases By Sector
