B surveying public opinion regarding the merger.

C deciding whether the merger can be administrated effectively.

Discuss these questions.

1 How is merger control carried out in your jurisdiction? Which authority is

responsible for it?

2 What do you think the speaker means when he says 'efficiency gains from

the merger'? Can you identify some of the gains alluded to? How are these

gains analysed and weighed in your jurisdiction? Are benefits to consumers,

such as lower prices, included in this analysis? Should they be?

On ch . po 9 In e er

Lawyers assist their corporate clients in the EUin getting clearance from the European

Commission or a Member Staters] on the competition law aspects of a merger or

Acquisition. Naturally, they need to be aware of any changes in the procedures to follow

And the deadlines which apply. The text on page 214is an excerpt from a report on

changes resulting from the reform of the European Community Merger Regulation [ECMR].

The report was published on the website of a law firm serving large corporations.

Read the first paragraph of the report and answer these questions.

What does the term one-stop shop usually refer to, and what does it refer to

here?

The word threshold, which appears several times, refers here to the turnover

Threshold. Explain turnover threshold in your own words.

Read the whole text and answer these questions.

1 What are the two purposes of a pre-notification request?

According to the text, what are the advantages and disadvantages

associated with the pre-notification process?

Match these words (1-4), italicised in the text, with their definitions (a-d).

To notify to the Commission

To object to a request

Pending the final case allocation

Referral of cases to an authority

A while awaiting

B directing

C to oppose

D to inform officially

Unit 15 Competition law

E

Jurisdiction

One of the great strengths of the ECMRis its one-stop shop - the

Ability to notify once to the Commission rather than in each of the 2S

Member States. Whereas the largest mergers and acquisitions meet

The ECMR thresholds and need therefore be notified only in

Brussels, it has become clear that a significant number of mergers

With a European dimension do not meet the ECMR thresholds and

Require notification in each of several Member States, creating

Unnecessary burdens and costs for the parties. In future, where a

Case falls below the existing thresholds, and where notification would

Otherwise have been required in at least three Member States, the

Parties will be able to make a pre-notification request to the

Commission to take over the case from the national authorities. If

No Member State concerned opposes the application within IS

Working days, the Commission will have exclusive jurisdiction

Throughout the EEA. If any Member State objects, the case will not

Be referred.

In the opposite scenario, the parties may also make a pre-notification

Request that the case should be examined by a national competition

Authority rather than the Commission. If the Member State does not

Date: 2015-12-11; view: 1078