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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Merger Control in the EEC 2nd ed

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ISBN13: 9789065446053
ISBN: 9065446052
Published: August 1993
Publisher: Kluwer Law International
Format: Paperback
Price: Out of print

Containing a concise description of the EC law with regard to mergers and acquisitions at Community level, this work also describes all relevant laws and regulations in Belgium, Denmark, France, Germany, Ireland, Italy, the Netherlands, Spain and the United Kingdom. This second edition reflects the law that is prevailing on 1 March 1993.

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Part 1 Belgium: Act August 5, 1991; market-transparency regulation - chapter one of the Act of March 2, 1989, and the Royal Decree of May 10, 1989; public takeover bids and changes in control regulation - chapter two of the Act of March 2, 1989, and Royal Decree of November 8, 1989; private transfer of controlling participation.
Part 2 Denmark: no control of mergers; The Competition Act; special provisions for limited companies; control of mergers for banks and insurance companies; The Employees' Rights Act; Denmark's entry into the EEC in 1973; trends in Danish commerce, 1955 to the present day.
Part 3 France: the definition of Concentration; control thresholds; notification; criteria used for determining whether a Concentration is admissible under French law.
Part 4 Federal Republic of Germany: merger notification; premerger notification; prohibition of a merger; permission of the Federal Minister of Economics; merger control procedure.
Part 5 Ireland: when does the 1978 Act apply?; notification of mergers and take-overs under the 1978 Act; procedure under the 1978 Act; failure to comply; regulation of acquisitions in the banking sector; when does the 1991 Act apply?; investigation by the Minister of an abuse of a dominant position; application of the 1978 Act the 1991 Act.
Part 6 Italy: introduction - historical background; relationship between the Italian Antitrust Law and EC Competition Law; definition of Concentration; criteria for notification; prior notification; the procedure; content of the notification; suspension; outcome of the investigation; unconditional authorisations of concentrations; administrative fines; appeals against the authority's decisions; credit institutions and insurance, broadcasting and publishing companies; state-owned companies and public interest activities; newspaper publishing industry; radio and television broadcasting.
Part 7 The Netherlands: various types of mergers and acquisitions; mergers and acquisitions and the 1956 Act on Economic Competition; mergers and acquisitions in the banking and insurance sectors; means of defence against unfriendly take-overs; disclosure and notification requirements; strict rules for mergers; resolution of the social and economic council on rules relating to public offers and mergers; legal rules directly related to mergers.
Part 8 Spain: merger control in Spain - Law 16/1989, of July 17, on the defence of competition; special provisions regulating concentrations carried out through public bids - Royal Decree 1197/1991, of July 26.
Part 9 United Kingdom: the institutions; law; OFT procedure; merger policy; reference to the MMC.
Part 10 EEC: EC merger control prior to the merger regulation; the merger regulation; joint ventures and ancillary restraints.