The goals and scope of European merger regulation. Acquisition of minority shareholderships

Business & Finance, Business Reference, Business Law
Cover of the book The goals and scope of European merger regulation. Acquisition of minority shareholderships by Ziya Baghirzade, GRIN Verlag
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Ziya Baghirzade ISBN: 9783656711896
Publisher: GRIN Verlag Publication: August 6, 2014
Imprint: GRIN Verlag Language: English
Author: Ziya Baghirzade
ISBN: 9783656711896
Publisher: GRIN Verlag
Publication: August 6, 2014
Imprint: GRIN Verlag
Language: English

Academic Paper from the year 2014 in the subject Business economics - Law, grade: 2.0, Free University of Berlin, course: Master degree, language: English, abstract: The Merger Regulation as it stands only applies to transactions resulting in a lasting change of control. Economic theory and the Commission's experience suggest that non-controlling minority shareholdings may also in certain instances cause anticompetitive harm. The financial incentives and the influence on the target resulting from such minority stakes can raise competition concerns based on the same theories of harm as pursued under merger rules, namely unilateral or coordinated effects or input foreclosure. Unlike other competition authorities both inside and outside the EU (such as Germany, the United Kingdom, or the United States) the Commission currently has no opportunity to address such concerns where they are caused only by the acquisition of minority participations. The European Commission is looking forward to review and potentially revise its rules for reviewing minority share acquisitions under EU competition law. The European Commission is considering amending the EUMR to allow it to review certain acquisitions of non-controlling minority shareholdings. Under the current EUMR regime, the Commission can only review the acquisition of a minority shareholding and possibly prohibit it ex ante where it confers control. Control means the possibility of exercising decisive influence on an undertaking on the basis of rights, contracts or any other means (Article 3(2) EUMR). Hence, the acquisition of a minority shareholding does not fall under the scope of the EUMR and under the Commission's jurisdiction unless it enables the minority shareholder to determine the strategic commercial behavior of the target. While in some instances competition problems caused by non-controlling minority participations might be tackled by the antitrust rules of Article 101 or 102 TFEU, these provisions would not seem to deal with all cases in which non-controlling minority shareholdings may cause competitive harm. In particular Article 101 only applies where there is an agreement between the parties which could be qualified as having the effect of restricting competition.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Academic Paper from the year 2014 in the subject Business economics - Law, grade: 2.0, Free University of Berlin, course: Master degree, language: English, abstract: The Merger Regulation as it stands only applies to transactions resulting in a lasting change of control. Economic theory and the Commission's experience suggest that non-controlling minority shareholdings may also in certain instances cause anticompetitive harm. The financial incentives and the influence on the target resulting from such minority stakes can raise competition concerns based on the same theories of harm as pursued under merger rules, namely unilateral or coordinated effects or input foreclosure. Unlike other competition authorities both inside and outside the EU (such as Germany, the United Kingdom, or the United States) the Commission currently has no opportunity to address such concerns where they are caused only by the acquisition of minority participations. The European Commission is looking forward to review and potentially revise its rules for reviewing minority share acquisitions under EU competition law. The European Commission is considering amending the EUMR to allow it to review certain acquisitions of non-controlling minority shareholdings. Under the current EUMR regime, the Commission can only review the acquisition of a minority shareholding and possibly prohibit it ex ante where it confers control. Control means the possibility of exercising decisive influence on an undertaking on the basis of rights, contracts or any other means (Article 3(2) EUMR). Hence, the acquisition of a minority shareholding does not fall under the scope of the EUMR and under the Commission's jurisdiction unless it enables the minority shareholder to determine the strategic commercial behavior of the target. While in some instances competition problems caused by non-controlling minority participations might be tackled by the antitrust rules of Article 101 or 102 TFEU, these provisions would not seem to deal with all cases in which non-controlling minority shareholdings may cause competitive harm. In particular Article 101 only applies where there is an agreement between the parties which could be qualified as having the effect of restricting competition.

More books from GRIN Verlag

Cover of the book Der Hitlerputsch am 8./9. November 1923 by Ziya Baghirzade
Cover of the book Französisch Grundschule: On fait des courses au marché. Dialog zum Einkaufen auf dem Markt (Klasse 3) by Ziya Baghirzade
Cover of the book Die acht möglichen Fehler bei Akquise und Verkauf by Ziya Baghirzade
Cover of the book Planungsschritte und Reflexion zum Unterrichtsversuch im Fach Musik in einer 1. Klasse by Ziya Baghirzade
Cover of the book Das Gleichnis vom barmherzigen Samariter im Schulunterricht. Verschiedene Modelle der Aufarbeitung by Ziya Baghirzade
Cover of the book Sozialpraktikumsbericht an einer Kindertagesstätte by Ziya Baghirzade
Cover of the book Das Verhalten der Krimtataren unter der deutschen Besatzung by Ziya Baghirzade
Cover of the book Generationengerechtigkeit und Globalisierung. Ein Anreiz für Jugendliche ihre Wertorientierung zu ändern? by Ziya Baghirzade
Cover of the book Als BildungswissenschaftlerIn im Bereich der institutionalisierten Beratung arbeiten by Ziya Baghirzade
Cover of the book Die theoretischen Bausteine der Konfrontativen Pädagogik by Ziya Baghirzade
Cover of the book Die Anfänge der Kirche und die Ausbreitung des Christentums by Ziya Baghirzade
Cover of the book Karriereplanung und Work-Life-Balance by Ziya Baghirzade
Cover of the book Das Verhältnis von Religion und Migration bei der katholischen Kirche in der SBZ/DDR by Ziya Baghirzade
Cover of the book Die Ideen von 1914. Deutsche und britische Gelehrte zu Beginn des Ersten Weltkriegs by Ziya Baghirzade
Cover of the book Declaration by Soviet Foreign Minister Vyacheslav Molotov in response to the Marshall Plan by Ziya Baghirzade
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy