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Merger Control
Merger control refers to the procedure of reviewing mergers and acquisitions under antitrust / competition law. Over 130 nations worldwide have adopted a regime providing for merger control. National or supernational competition agencies such as the EU European Commission or the US Federal Trade Commission are normally entrusted with the role of reviewing mergers. Merger control regimes are adopted to prevent anti-competitive consequences of concentrations (as mergers and acquisitions are also known). Accordingly, most merger control regimes normally provide for one of the following substantive tests: * Does the concentration significantly impede effective competition? ( EU, Germany) * Does the concentration substantially lessen competition? ( US, UK) * Does the concentration lead to the creation or strengthening of a dominant position? (Switzerland, Russia) In practice most merger control regimes are based on very similar underlying principles. In simple terms, the creation o ...
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Mergers And Acquisitions
Mergers and acquisitions (M&A) are business transactions in which the ownership of companies, other business organizations, or their operating units are transferred to or consolidated with another company or business organization. As an aspect of strategic management, M&A can allow enterprises to grow or downsize, and change the nature of their business or competitive position. Technically, a is a legal consolidation of two business entities into one, whereas an occurs when one entity takes ownership of another entity's share capital, equity interests or assets. A deal may be euphemistically called a ''merger of equals'' if both CEOs agree that joining together is in the best interest of both of their companies. From a legal and financial point of view, both mergers and acquisitions generally result in the consolidation of assets and liabilities under one entity, and the distinction between the two is not always clear. In most countries, mergers and acquisitions must c ...
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Substitutability
The Liskov substitution principle (LSP) is a particular definition of a subtyping relation, called strong behavioral subtyping, that was initially introduced by Barbara Liskov in a 1988 conference keynote address titled ''Data abstraction and hierarchy''. It is based on the concept of "substitutability" a principle in object-oriented programming stating that an object (such as a class) may be replaced by a sub-object (such as a class that extends the first class) without breaking the program. It is a semantic rather than merely syntactic relation, because it intends to guarantee semantic interoperability of types in a hierarchy, object types in particular. Barbara Liskov and Jeannette Wing described the principle succinctly in a 1994 paper as follows: ''Subtype Requirement'': Let be a property provable about objects of type . Then should be true for objects of type where is a subtype of . Symbolically: :S <: T \to (\forall xT) \phi(x) \to (\forall yS) \phi(y) T ...
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Competition Law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has historically evolved on a national level to promote and maintain fair competition in markets principally within the territorial boun ...
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Mergers And Acquisitions
Mergers and acquisitions (M&A) are business transactions in which the ownership of companies, other business organizations, or their operating units are transferred to or consolidated with another company or business organization. As an aspect of strategic management, M&A can allow enterprises to grow or downsize, and change the nature of their business or competitive position. Technically, a is a legal consolidation of two business entities into one, whereas an occurs when one entity takes ownership of another entity's share capital, equity interests or assets. A deal may be euphemistically called a ''merger of equals'' if both CEOs agree that joining together is in the best interest of both of their companies. From a legal and financial point of view, both mergers and acquisitions generally result in the consolidation of assets and liabilities under one entity, and the distinction between the two is not always clear. In most countries, mergers and acquisitions must c ...
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SSNIP
In competition law, before deciding whether companies have significant market power which would justify government intervention, the test of small but significant and non-transitory increase in price (SSNIP) is used to define the relevant market in a consistent way. It is an alternative to ad hoc determination of the relevant market by arguments about product similarity. The SSNIP test is crucial in competition law cases accusing abuse of dominance and in approving or blocking mergers. Competition regulating authorities and other actuators of antitrust law intend to prevent market failure caused by cartel, oligopoly, monopoly, or other forms of market dominance. History In 1982 the U.S. Department of Justice Merger Guidelines introduced the SSNIP test as a new method for defining markets and for measuring market power directly. In the EU it was used for the first time in the ''Nestlé/Perrier'' case in 1992 and has been officially recognized by the European Commission in i ...
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Competition Law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has historically evolved on a national level to promote and maintain fair competition in markets principally within the territorial boun ...
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Merger Guidelines
Merger guidelines in the United States are a set of internal rules promulgated by the Antitrust Division of the Department of Justice (DOJ) in conjunction with the Federal Trade Commission (FTC). These rules have been revised over the past four decades. They govern the process by which these two regulatory bodies scrutinize and/or challenge a potential merger. Grounds for challenges include increased market concentration and threat to competition within a relevant market. The merger guidelines have sections governing both horizontal integration and vertical integration. History The first merger guidelines set forth by the DOJ were the 1968 Merger Guidelines. The guidelines were developed by former U.S. Assistant Attorney General Dr. Donald Turner, an economist and lawyer with expertise in the field of industrial organization.
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Regulatory Economics
Regulatory economics is the economics of regulation. It is the application of law by government or regulatory agencies for various purposes, including remedying market failure, protecting the environment and economic management. Regulation Regulation is generally defined as legislation imposed by a government on individuals and private sector firms in order to regulate and modify economic behaviors. Conflict can occur between public services and commercial procedures (e.g. maximizing profit), the interests of the people using these services (see market failure), and also the interests of those not directly involved in transactions (externalities). Most governments, therefore, have some form of control or regulation to manage these possible conflicts. The ideal goal of economic regulation is to ensure the delivery of a safe and appropriate service, while not discouraging the effective functioning and development of businesses. For example, in most countries, regulation controls ...
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Initial Undertakings
In a written or published work, an initial capital, also referred to as a drop capital or simply an initial cap, initial, initcapital, initcap or init or a drop cap or drop, is a letter at the beginning of a word, a chapter, or a paragraph that is larger than the rest of the text. The word is derived from the Latin ''initialis'', which means ''standing at the beginning''. An initial is often several lines in height and in older books or manuscripts are known as "inhabited" initials. Certain important initials, such as the Beatus initial or "B" of '' Beatus vir...'' at the opening of Psalm 1 at the start of a vulgate Latin. These specific initials in an illuminated manuscript were also called initiums. In the present, the word "initial" commonly refers to the first letter of any word or name, the latter normally capitalized in English usage and is generally that of a first given name or a middle one or ones. History The classical tradition was slow to use capital letters ...
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Competition And Markets Authority
The Competition and Markets Authority (CMA) is the competition regulator in United Kingdom. It is a non-ministerial government department in the United Kingdom, responsible for strengthening business competition and preventing and reducing anti-competitive activities. The CMA launched in shadow form on 1 October 2013 and began operating fully on 1 April 2014, when it assumed many of the functions of the previously existing Competition Commission and Office of Fair Trading, which were abolished. Formation On 15 March 2012 the UK Government's Department for Business, Innovation and Skills (BIS) announced proposals for strengthening competition in the UK by merging the Office of Fair Trading and the Competition Commission to create a new single Competition and Markets Authority (CMA). The formation of the CMA was enacted in Part 3 of the Enterprise and Regulatory Reform Act 2013, which received royal assent on 25 April 2013. In July 2012, Lord Currie was appointed chairman desig ...
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Honeywell
Honeywell International Inc. is an American publicly traded, multinational conglomerate corporation headquartered in Charlotte, North Carolina. It primarily operates in four areas of business: aerospace, building technologies, performance materials and technologies (PMT), and safety and productivity solutions (SPS). Honeywell is a Fortune 100 company, ranked 94th in 2021. In 2021 the corporation had a global workforce of approximately 99,000 employees, down from 113,000 in 2019. The current chairman and chief executive officer (CEO) is Darius Adamczyk. The corporation's current name, Honeywell International Inc., is a product of the merger of Honeywell Inc. and AlliedSignal in 1999. The corporation headquarters were consolidated with AlliedSignal's headquarters in Morristown, New Jersey; however, the combined company chose the name "Honeywell" because of the considerable brand recognition. Honeywell was a component of the Dow Jones Industrial Average index from 1999 to 2 ...
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Relevant Market
In competition law, a relevant market is a market in which a particular product or service is sold. It is the intersection of a relevant product market and a relevant geographic market. The European Commission defines a relevant market and its product and geographic components as follows: #A relevant product market comprises all those products and/or services which are regarded as interchangeable or substitutable by the consumer by reason of the products' characteristics, their prices and their intended use; #A relevant geographic market comprises the area in which the firms concerned are involved in the supply of products or services and in which the conditions of competition are sufficiently homogeneous. Definition and use The notion of relevant market is used in order to identify the products and undertakings which are directly competing in a business. Therefore, the relevant market is the market where the competition takes place. The enforcement of the provisions of competitio ...
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