European competition law annual 2010 : merger control in European and global perspective
Title: European competition law annual 2010 : merger control in European and global perspective
Publisher: Hart Publishing
Citation: Oxford ; Portland : Hart Publishing, 2013
Every year, top-level market regulators, academics and legal and economic practitioners contribute to the Annual Competition Workshop organised at the European University Institute in Florence. The Co-Directors of the Workshop are Philip Lowe, Mel Marquis and Giorgio Monti. Workshop participants address and critically analyse a particular set of topical issues in the field of competition law and policy. The proceedings are published in Hart's European Competition Law Annual series. This is the fifteenth in the ECLA series. It encompasses numerous chapters that examine the field of merger control from a variety of perspectives. In these chapters the contributors discuss legal and economic issues of substantive analysis, procedure, comity and best practices, as well as matters relating to the litigation of merger cases, particularly before the European Courts. The discussion also benefited from the perspectives of policy makers and experts from Canada, China, Japan, Korea, the United States and other jurisdictions and regions.
Table of Contents:
• List of Sponsors • List of Participants • Introduction – regulating Mergers: substantive and Procedural Issues, Judicial review, International convergence and best Practices, Mel Marquis • Introduction to the workshop • Panel 1 : Merger enforcement across Jurisdictions: substantive Issues (Market definition, entry barriers/Potential competition, unilateral/coordinated effects, Innovation, efficiencies) • I Kirsten Edwards, Estimating Diversion Ratios: Some Thoughts on Customer Survey Design • II C. Scott Hemphill, Higher Profits as a Merger Defense: Innovation, Appropriability and the Horizontal Merger Guidelines • III Barry Hawk, A Tale of Two Cities: Washington and Brussels Face the Courts • IV Lars-Hendrik Röller, Efficiencies in EU Merger Control: Do They Matter? • Panel 2 : Merger Policy assessment and Judicial review • I Tomaso Duso, Klaus Gugler and Florian Szücs, Merger Policy Evaluation: Where Do We Stand? • II James S. Venit, The Scope of EU Judicial Review of Commission Merger Decisions • Panel 3 : Merger enforcement across Jurisdictions: Procedural Issues • I Sven Völcker, Dare to Defer? Towards Greater Procedural Efficiency in Multijurisdictional Merger Remedies • II Ian S. Forrester, Post Plures Unum: Streamlining and Simplifying Merger Procedures in an Era of Multijurisdictional Merger Filings • III Calvin S. Goldman, Contemporary US-Canada Crossborder Merger Review: Tradeoffs in Policy Objectives between Harmonization, Simplification and Accountability • Panel 4 : International convergence: substantive and Procedural Issues and the scope for comity • I Andreas Mundt and Andreas Bardong, Comity, Cooperation and International Convergence – Recent Developments in German Merger Control • II Thomas Deisenhofer, International Cooperation in Merger Cases – An EU Practitioner’s Perspective • III Rachel Brandenburger, Promoting International Convergence: Substantive and Procedural Challenges – the Scope for Comity • IV William Kovacic, International Convergence: Assessing the Quality of Horizontal Merger Enforcement • V Adam Fanaki, Convergence in Multi-Jurisdictional Merger Reviews: A Canadian Perspective • VI Tadashi Shiraishi, Effects on Domestic Purchasers: A Descriptive Theory for Competition Law in Cross-Border Cases • VII Etsuko Kameoka and Mel Marquis, Recent Developments in Japan’s Merger Control System • VIII Seonhoong Jeon, International Convergence and Recent Korean Experiences in Merger Control • IX Xinzhu Zhang and Vanessa Yanhua Zhang, China’s Merger Control Policy: A Three-Year Milestone • X Abel Mateus, The New Brazilian Merger Control Regime • XI Maher Dabbah, Merger Control in Middle Eastern Countries: A Perspective on Challenges and Opportunities • Panel 5 : Merger control and best Practices • I John Boyce, Best Practice in Merger Control: It Ain’t What You Do It’s the Way That You Do It … And That’s What Gets Results • II Jochen Burrichter and Manuel Zandt, Merger Control and Best Practice • III Götz Drauz, Promoting Best Practices within and among Competition Authorities and with Business • References • Table of cases