Titel: Merger Control in the United Kingdom
Autor/en: Andrew Scott, Morten Hviid, Bruce Lyons, Christopher Bright
OXFORD UNIV PR
März 2006 - gebunden - 648 Seiten
Merger control in the United Kingdom has recently entered a new phase in its development. The advent of the relevant aspects of the Enterprise Act 2002 has been welcomed as a 'depoliticisation' of the regime. The role of the Secretary of State has been all but excised, and the substantive criteria against which mergers are assessed have been revised to offer formally a competition-based standard. Together with guidance published subsequently, the reforms alsoprescribe a range of new procedural guarantees for those parties affected under the regime. In addition, the EC merger control regime and in particular the nature of its relationship with the competent authorities of the Member States has been significantly revised.It is against this backdrop that the authors - leading experts with first rate regulatory, practical and academic experience - offer a comprehensive statement of the law, architecture, and procedure of merger control in the United Kingdom; explain the factors pertinent to the economic appraisal of mergers in a manner accessible to a legal audience; and give invaluable practical guidance on managing the transactional process and regulatory risk.
Table of Cases; Tables of Legislation; INTRODUCTION: THE STRUCTURE AND CONTEXT OF MERGER CONTROL IN THE UNITED KINGDOM; 1. The Structure and Context of Merger Control in the United Kingdom; PART I: THE SCOPE OF MERGER CONTROL IN THE UNITED KINGDOM; 2. Introduction: The Relevant Merger Situation; 3. The Merger Situation: 'Enterprises Ceasing to Be Distinct'; 4. Determining Relevance: The Threshold Tests; 5. Relationship with the EC Merger Control Regime; PART II: THE SUBSTANTIVE APPRAISAL OF MERGERS IN THE UNITED KINGDOM; 6. Introduction: The Substantial Lessening of Competition; 7. Determining the Relevant Market; 8. Horizontal Effects: Unilateral; 9. Horizontal Effects: Co-ordinated; 10. Vertical Effects; 11. Conglomerate and Indirect Effects; 12. Quantitative Techniques in Merger Analysis; PART III: THE PROCEDURE AND ENFORCEMENT OF MERGER CONTROL IN THE UNITED KINGDOM; 13. Introduction: The Two-Stage Assessment of Mergers; 14. The Office of Fair Trading and Referral Decisions; 15. The Competition Commission and Substantive Decisions; 16. The Agreement of Merger Remedies; 17. The Competition Appeal Tribunal and Judicial Review; 18. Managing Risk in Regulatory Decisions; PART IV: SPECIAL CASES IN UK MERGER CONTROL; 19. Introduction: The Exceptional Character of Specific Circumstances; 20. Intervention by the Secretary of State: (Special) Public Interest Cases; 21. Intervention by the Secretary of State: Mergers in the Media Industry; 22. Mergers in the Water Industry; CONCLUSION: THE FUTURE OF UK MERGER CONTROL; 23. The Future of UK Merger Control; APPENDICES; RELEVANT STATUTE; A. Enterprise Act 2002 (Parts 1-3 and 5; Schedules 1-4, 6-8, and 10-11); B. Communications Act 2003 (Part 5, Chapter 2); RELEVANT GUIDANCE; C. A Summary of Office of Fair Trading and Competition Commission Guidance; SCHEMATIC DIAGRAMS OF THE MERGER CONTROL PROCESS; D. Typical Shape of a Competition Commission Merger Inquiry; E. Procedure Under Article 4(4) ECMR; F. Procedure Under Article 4(5) ECMR; G. Procedure Under Article 9 ECMR; H. Procedure Under Article 22 ECMR; STANDARD FORMS; I. Merger Notice; J. Template for Interim Undertakings (Competition Commission); K. Form RS: Reasoned Submission Pursuant to Article 4(4) and (5) of Council Regulation (EC) No 139/2004)
Dr Andrew Scott is a lecturer at the Norwich Law School (University of East Anglia), and a Competition Editor for the Practical Law Company. He is the Director of the LLM in International Competition Law and Policy at UEA, and a contributing editor of the Encyclopedia of Competition Law. He has held visiting academic positions at the Universities of Trier and Muenster. He has published widely on competition issues, and was awarded the Modern Law Review Wedderburn
Professor Morten Hviid became Professor of Competition Law at the Norwich Law School (University of East Anglia) in 2004 having previously taught economics at the Universities of Copenhagen, Warwick and UEA. He is a former editor of the Journal of Industrial Economics and the International Journal of Industrial Organization. He has published widely on competition issues, and was awarded the Journal of Economic Integration Daeyand Prize 1999.
Professor Bruce Lyons is Professor of Economics at the University of East Anglia. He is a Reporting Member of the UK Competition Commission and a member of the Academic Advisory Group to the Competition Directorate of the European Commission. He has held visiting academic positions at the European University Institute, Florence and the University of Melbourne. He is a former editor of the Journal of Industrial Economics, an associate editor of Economica, and has published widely on
Mr Christopher Bright, a partner of Shearman and Sterling LLP, practices in the field of antitrust law in the UK and Europe. He has extensive experience of major cross-border M&A transactions, as well as advising a wide range of sectors on joint ventures, cartels, monopoly infringement, complex contractual arrangements and the European Union public procurement and state aid rules. He is also a leading practitioner in utility regulation, with particular expertise in energy and water sectors.
He is experienced in enforcement of antitrust rights in the UK courts. Christopher Bright joined Shearman and Sterling LLP as a partner in 2001. He came from Clifford Chance where he was head of its European competition practice.
A specialist work in this area is to be welcomed, particularly when it is as lucid and well written as is this one. Even if this text were not good it would be recommended purely for being the first of its kind, and Oxford University Press are to be congratulated for bringing out books in such a timely fashion dealing with both the EC and UK regimes. It is a pleasure, however, to be able to recommend this text not because it is timely, but because it is clear, well-structured and comprehensive in its treatment of the issues raised by this most complex area of commercial regulation. Mark Furse, ECLR