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European Merger Remedies

Law and Policy

By: Dorte Hoeg
Media of European Merger Remedies
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Published: 11-12-2013
Format: Hardback
Edition: 1st
Extent: 288
ISBN: 9781849464116
Imprint: Hart Publishing
Series: Hart Studies in Competition Law
RRP : £100.00
 

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Loren Epson

About European Merger Remedies

As merger transactions become more complex, so do the remedies involved. This book seeks to identify and examine the most important aspects of merger remedies, which have emerged and evolved in the European Commission's policy and practice over the past 20 years. The in-depth analysis of applicable provisions and guidelines is structured in accordance with a typical 'remedies lifecycle': the negotiation, submission, assessment, adoption, implementation and enforcement of remedies. Furthermore, numerous conditional clearance decisions and judgments as well as studies and legal literature on the subject are described and put into a coherent analytical framework with the aim of providing as much nuance as possible in the evaluation of the Commission's past and present remedies policy and practice.

While the Commission indisputably has accomplished numerous successes in its remedies enforcement over the years, it has also encountered some significant obstacles and shortcomings along the way. To this effect, the final chapter in the book critically assesses whether the current framework, which has remained unchanged since 2008, continues to provide an adequate regulatory response to today's remedies issues and challenges. Where adjustments and improvements are deemed desirable or necessary, possible measures are considered.

Table Of Contents

1. The Commission's Remedies Policy
2. Negotiating, Submitting, Assessing and Adopting Remedies
3. Essential Features of Divestiture Remedies
4. Implementing and Enforcing Remedies
5. Building on Successes and Learning from Mistakes

Reviews

“There is so much to recommend about this book. It is an incisive and comprehensive work which is reflective enough for academics but written in a way which proves useful to practitioners - an admirable combination and accomplishment.” –  Dr Vincent J G Power, European Competition Law Review

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