Full Description
This book is a fully up-to-date, comprehensive guide to the law, economics and practice of UK merger control law. This guide presents an integrated legal and economic assessment of the substantive appraisal of mergers and examines in detail the following topics: the history of the Enterprise Act and its development from the Fair Trading Act; the various regulatory bodies that form the institutional structure of the UK merger control regime; enterprises subject to merger control regulation and the jurisdictional thresholds of the Enterprise Act; the relationship of the Enterprise Act with the European Merger Regulation; public interest mergers and the role of the Secretary of State; and merger remedies. All recent legislative developments including the merger of the OFT and the Competition Commission and the Enterprise and Regulatory Reform Act 2013, as well as all relevant case since the first edition of the magisterial text are explored.
Contents
1. OVERVIEW OF THE UK MERGER CONTROL REGIME
2. ENTERPRISES CEASING TO BE DISTINCT
3. THE SHARE OF SUPPLY AND TURNOVER TESTS
4. RELATIONSHIP WITH THE MERGER REGULATION
5. PUBLIC INTEREST MERGERS
6. THE PHASE I PROCESS
7. THE DUTY TO REFER AND EXCEPTIONS
8. THE PHASE II PROCESS
9. THE COUNTERFACTUAL
10. MARKET DEFINITION
11. CONCENTRATION MEASURES AND SCREENS
12. UNILATERAL EFFECTS
13. COORDINATED EFFECTS
14. NON-HORIZONTAL MERGERS
15. COUNTERVAILING CONSTRAINTS
16. UNDERTAKINGS IN LIEU OF REFERENCE
17. PHASE II REMEDIES
18. JUDICIAL REVIEW
