Current issues in merger law

Clarke, Julie 2015, Current issues in merger law. In Duns, John, Duke, Arlen and Sweeney, Brendan (ed), , Edward Elgar Publishing, Cheltenham, Eng., pp.171-218, doi: 10.4337/9781785362576.

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Title Current issues in merger law
Author(s) Clarke, Julie
Editor(s) Duns, John
Duke, Arlen
Sweeney, Brendan
Publication date 2015
Chapter number 8
Total chapters 17
Start page 171
End page 218
Total pages 48
Publisher Edward Elgar Publishing
Place of Publication Cheltenham, Eng.
Keyword(s) Competition law
Merger law
Summary This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies.     This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies.
The globalization of markets, combined with the extraordinary expansion of merger control laws over the past two decades, has resulted in an increasing number of mergers inviting multiple regulatory responses. This has had a significant impact on the complexity, time and cost associated with transnational mergers and has highlighted the differences in law, policy and procedure employed by more than 70 jurisdictions now adopting targeted merger regimes. By contrast with other areas of competition law and policy, the treatment of mergers involves a significant regulatory component, with most jurisdictions adopting ex ante notification and suspension obligations for mergers exceeding defined thresholds. The justification for this lies in the structural change to the market affected by the merging of assets, personnel and intellectual property, which are difficult to reverse. However, ex ante regulation also has the consequence of subjecting the vast majority of benign or beneficial mergers to the cost and delay associated with administrative scrutiny. This cost and delay has the potential to jeopardize time-sensitive transactions or postpone expected efficiency gains. Where markets extend beyond domestic borders, these costs are multiplied and the slowest and most prescriptive jurisdiction will influence or determine the time at which the merger can close, if at all, and on what conditions.                 
ISBN 1785362577
Language eng
DOI 10.4337/9781785362576
Field of Research 180105 Commercial and Contract Law
180106 Comparative Law
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category B1 Book chapter
Copyright notice ©2015, Edward Elgar Publishing
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