Summary
Summary Merger Control
- Module
- Merger Control
- Institution
- University Of Law (ULaw)
- EU Merger Control - UK Merger Control
[Show more]
Content preview
Merger ControlMERGER & COMPETITION LAW
‘Merger’
o Transaction > 2 or more previously independent entities => Come under
common control
o Certain changes in control
o ‘Full-function’ joint ventures
Process of merging => NOT anti-competitive.
Effect of merging on competitive dynamic of market => Subject to merger
control.
EU MERGER CONTROL (MERGER REGULATION1)
1) ‘Concentration’ (Art 3(1))
a) 2 or more previously independent undertakings => Merge
b) 1 or more undertakings => Acquire direct/indirect control of whole/part => 1
or more other undertakings (whether by purchase of securities/assets => by
contract/other means)
o ‘Control’ – ‘Possibility of exercising decisive influence on undertaking’ (Art
3(2)) > NOT just voting control
Examples
a) Acquisition of sole control (takeover)
b) Pure merger (2 undertakings combining)
c) Acquisition of joint control (JV)
1) Joint control required => Business plan, major investments, appointment
of senior management;
2) JV => Must be ‘full function’ entity (sufficient financial, human, other
resources > carry on independently from parent cos > lasting basis)
o (Non-full functional JVs => May fall under Art 101 rather than Merger
Reg)
1
Council Regulation 139/2004/EC ([2004] OJ L24/1)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ayorke. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £8.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67474 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now