EU Merger Control: An Economic and Legal Analysis by Howard Shelanski, Ioannis Kokkoris
Economic analysis plays a pivotal role in competition enforcement. Integrating an economic perspective on merger control with a legal perspective throughout, this is a comprehensive reference work on merger control in the EU. Each chapter includes an analysis of the economic methods that have been employed in merger cases or that can be employed in merger assessment, such as merger simulation and critical loss analysis.
Whilst focusing on EU practice, the work also highlights key procedures and and case law across the member states. A comparison with US procedure is also considered.
Analysing both substantive and procedural law in detail, this is the most comprehensive work on EU merger control and is invaluable for merger assessment.
Dr. Ioannis Kokkoris is a Reader at the University of Reading, where he teaches competition law and company law. He is also affiliated with LECG. Prior to that he was a Principal Case Officer/Economic Advisor at the Office of Fair Trading, UK where he dealt with leading cases such as NASDAQ/LSE and NYSE/Euronext, and he was a member of the drafting team of the UK Merger Guidelines. He has worked at the DG Competition European Commission, as well as the US Federal Trade Commission.
Professor Howard Shelanski is Professor of Law at Georgetown University. From 2009-2011 he was Deputy Director of the Bureau of Economics at the Federal Trade Commission. From 1999-2000 he served as Chief Economist of the Federal Communications Commission and from 1998-1999 he served as a Senior Economist for the President's Council of Economic Advisers at the White House.
Table of Contents
1. Introduction 2. History of ECMR Regulation 4064/89 3. Reform - Regulation 139/2004 4. Concept of Concentration - Joint Ventures 5. Community Dimension - Notification and Referral System 6. Investigation and Decision Process 7. Market Definition 8. Market Shares and Concentration 9. Horizontal Mergers - Noncoordinated Effects 10. Horizontal Mergers - Coordinated Effects 11. Nonhorizontal Mergers: Vertical Mergers 12. Nonhorizontal Mergers: Conglomerate Mergers 13. Barriers to Entry - Potential Competition 14. Buyer Power Assessment 15. Efficiency Assessment 16. Failing Firm Defence 17. Remedies 18. Judicial Review 19. Merger Control