Description
Book SynopsisOver the past 30 years, merger control has become well-established around the world with broad consensus around its ambit and objectives. That consensus has fractured in recent years. Enforcement today is at a critical juncture, facing an array of challenges and calls for reform unprecedented in their scope and intensity.
Authored by leading legal practitioners, economists, enforcers and jurists, this timely Research Handbook on Global Merger Control discusses various critiques that have been made and considers an array of jurisdictional, procedural, substantive and other issues that are generating intense debate across the antitrust community. These include the scope and objectives of merger control, whether merger control can be reconciled with industrial policy, whether the consumer welfare standard is an appropriate tool for substantive assessment, whether merger control should be used to meet broader policy objectives, and whether existing rules and presumptions are appropriate for the digital age.
This Research Handbook will be of great value to anyone interested in global merger control, digital markets, industrial policy and the role of public interest considerations. It provides an excellent tool for academics and practitioners looking to gain a rounded view of current issues in global merger control and an understanding of how enforcement is likely to evolve.
Table of ContentsContents: Foreword xii Preface xv Research Handbook on Global Merger Control: Introduction and synopsis 1 Ioannis Kokkoris and Nicholas Levy PART I INSIGHTS ON SELECT TOPICS 1 The proliferation of global merger control 11 Mark Leddy, Kenneth Reinker and Lars-Peter Rudolf 2 Why agencies diverge in their reviews of global deals 49 Frederic Depoortere, Andrew Foster, Barry Hawk and Ken Schwartz 3 Market definition in merger control revisited 87 Jorge Padilla, Joe Perkins and Salvatore Piccolo 4 Mergers with homogeneous products: A primer 108 Hans Zenger and Pierre Régibeau 5 The past, present and future of the SIEC standard in EU merger review 128 Sven B. Völcker 6 How to address under-enforcement in digital markets? 147 Robert Ryan, James Rutt and Mike Walker 7 Is the approach to “failing” and “flailing” firms in merger control fit for purpose? 163 Nicole Kar and Josh Buckland 8 Efficiencies in horizontal mergers: the white whale of EU merger control? 190 Bojana Ignjatovic and Joan de Solà-Morales 9 The jurisdictional reach of EC merger control: Striking the right balance 216 Nicholas Levy, Andris Rimsa and Bianca Buzatu 10 The importance of judicial review for the future of EU merger control 241 Bo Vesterdorf, Kyriakos Fountoukakos, Kristien Geeurickx and Camille Puech-Baron 11 The politics of merger control in the European Union 267 Jonathan Faull 12 Industrial policy and EU merger control – finding the right tools 273 Philip Lowe, Alec Burnside, and Adam Kidane 13 EU merger control and national security assessment: A moving target 328 Ioannis Kokkoris 14 Can EU merger control resist the turn towards protectionism? 352 Anu Bradford 15 Mergers, antitrust and the China card 367 Eleanor M. Fox 16 Greening merger control? The role of environmental considerations in merger analysis 383 Suzanne Kingston PART II JURISDICTION-SPECIFIC INSIGHTS 17 Mergers Down Under 403 Deborah Healey and Rhonda L. Smith 18 Global mergers and international remedies 427 Alexandre Cordeiro Macedo 19 China’s merger control 437 Cunzhen Huang and Yiming Sun 20 Merger control in France 462 Étienne Chantrel 21 In review: Merger control in India 486 Nisha Kaur Uberoi 22 Merger control in Japan: Select jurisdictional, procedural and substantive developments 515 Kozo Kawai and Madoka Shimada 23 Merger control in Russia: Review and perspectives 537 Andrey Tsyganov, Lesya Davydova and Anastasia Dokukina 24 Jurisdictional and policy issues in South Africa, including a focus on digital markets 563 Tembinkosi Bonakele 25 UK merger control: Select jurisdictional, procedural and substantive issues 594 Colin Raftery, Elie Yoo and Andrew Hilland 26 US merger control 617 D. Bruce Hoffman and Gabriel J. Lazarus Index
