Merger Control In The United Kingdom

Hardcover | December 1, 2006

byAndrew Scott, Morten Hviid, Bruce Lyons

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Merger control in the United Kingdom has recently entered a new phase in its development. The advent of the relevant aspects of the Enterprise Act 2002 has been welcomed as a 'depoliticisation' of the regime. The role of the Secretary of State has been all but excised, and the substantivecriteria against which mergers are assessed have been revised to offer formally a competition-based standard. Together with guidance published subsequently, the reforms also prescribe a range of new procedural guarantees for those parties affected under the regime. In addition, the EC mergercontrol regime and in particular the nature of its relationship with the competent authorities of the Member States has been significantly revised.It is against this backdrop that the authors - leading experts with first rate regulatory, practical and academic experience - offer a comprehensive statement of the law, architecture, and procedure of merger control in the United Kingdom; explain the factors pertinent to the economic appraisal ofmergers in a manner accessible to a legal audience; and give invaluable practical guidance on managing the transactional process and regulatory risk.

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Merger control in the United Kingdom has recently entered a new phase in its development. The advent of the relevant aspects of the Enterprise Act 2002 has been welcomed as a 'depoliticisation' of the regime. The role of the Secretary of State has been all but excised, and the substantivecriteria against which mergers are assessed ha...

Dr Andrew Scott is a lecturer at the Norwich Law School (University of East Anglia), and a Competition Editor for the Practical Law Company. He is the Director of the LLM in International Competition Law and Policy at UEA, and a contributing editor of the Encyclopedia of Competition Law. He has held visiting academic positions at th...

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Format:HardcoverDimensions:648 pages, 9.69 × 6.73 × 1.52 inPublished:December 1, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199276889

ISBN - 13:9780199276882

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Table of Contents

Table of CasesTables of LegislationIntroduction: The Structure and Context of Merger Control in the United Kingdom1. The Structure and Context of Merger Control in the United KingdomPart I: The Scope of Merger Control in the United Kingdom2. Introduction: The Relevant Merger Situation3. The Merger Situation: 'Enterprises Ceasing to Be Distinct'4. Determining Relevance: The Threshold Tests5. Relationship with the EC Merger Control RegimePart II: The Substantive Appraisal of Mergers in the United Kingdom6. Introduction: The Substantial Lessening of Competition7. Determining the Relevant Market8. Horizontal Effects: Unilateral9. Horizontal Effects: Co-ordinated10. Vertical Effects11. Conglomerate and Indirect Effects12. Quantitative Techniques in Merger AnalysisPart III: The Procedure and Enforcement of Merger Control in the United Kingdom13. Introduction: The Two-Stage Assessment of Mergers14. The Office of Fair Trading and Referral Decisions15. The Competition Commission and Substantive Decisions16. The Agreement of Merger Remedies17. The Competition Appeal Tribunal and Judicial Review18. Managing Risk in Regulatory DecisionsPart IV: Special Cases in UK Merger Control19. Introduction: The Exceptional Character of Specific Circumstances20. Intervention by the Secretary of State: (Special) Public Interest Cases21. Intervention by the Secretary of State: Mergers in the Media Industry22. Mergers in the Water IndustryConclusion: The Future of UK Merger Control23. The Future of UK Merger ControlAppendicesRelevant StatuteA. Enterprise Act 2002 (Parts 1-3 and 5; Schedules 1-4, 6-8, and 10-11)B. Communications Act 2003 (Part 5, Chapter 2)Relevant GuidanceC. A Summary of Office of Fair Trading and Competition Commission GuidanceSchematic Diagrams of the Merger Control ProcessD. Typical Shape of a Competition Commission Merger InquiryE. Procedure Under Article 4(4) ECMRF. Procedure Under Article 4(5) ECMRG. Procedure Under Article 9 ECMRH. Procedure Under Article 22 ECMRStandard FormsI. Merger NoticeJ. Template for Interim Undertakings (Competition Commission)K. Form RS: Reasoned Submission Pursuant to Article 4(4) and (5) of Council Regulation (EC) No 139/2004)

Editorial Reviews

`A specialist work in this area is to be welcomed, particularly when it is as lucid and well written as is this one. Even if this text were not good it would be recommended purely for being the first of its kind, and Oxford University Press are to be congratulated for bringing out books insuch a timely fashion dealing with both the EC and UK regimes. It is a pleasure, however, to be able to recommend this text not because it is timely, but because it is clear, well-structured and comprehensive in its treatment of the issues raised by this most complex area of commercial regulation.'Mark Furse, ECLR