Naslov
The Role of Efficiencies in Merger Control: Comparative EU-USA Perspective

Autori
Vlatka Butorac

Izvornik
Zbornik Pravnog fakulteta Sveučilišta u Rijeci (1330-349X) 29 (2008), 2; 851-886

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
tržišno natjecanje; kontrola koncentracija; učinkovitosti
(competition; merger control; efficiencies)

Sažetak
Summary In more then one occasion a proposed transatlantic merger was cleared in one jurisdiction and prohibited in another. Opposing decisions rested, inter alia, on different approaches towards efficiencies in merger appraisal. Essentially, the issue is whether potential efficiencies generated by a proposed merger should be treated as an offsetting factor in finding of anticompetitive concerns. Author analyses the EU and USA approach towards efficiencies in merger appraisal, trying to answer the question whether full convergence on this issue has been achieved by the 2004 and 2007 reform of merger control rules in the EU. Although it can be observed that today the two approaches appear to be strikingly similar, author argues that discrepancies may still persist, as the rules that have been formally aligned are most likely to be interpreted and applied differently in the two jurisdictions. To substantiate the argument the author performs an in depth analysis of respective legislative histories, policy objectives underpinning legal rules, and the existent legal practices likely to be applied to new rules.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA