European Merger Remedies

European Merger Remedies

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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.311The delegation rules are contained in the confidential Manual of Procedures for the DG Competition but in the few publicly available letters, ... States v The Manitowoc Company, Inc., Enodis plc, and Enocis Corporation, Case No 1: 2008CV01704, Final Judgment of 17 February 2009, section IV. ... The latter required the divestiture of Diageoa#39;s a#39;Malibu Rum Assetsa#39; by decision of 19 December 2001.

Title:European Merger Remedies
Author:Dorte Hoeg
Publisher:Bloomsbury Publishing - 2014-11-01


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