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in current merger enforcement rules, particularly with respect to tech and pharma acquisitions involving nascent and … and enforcers have called for tougher rules, including the introduction of lower merger filing thresholds and substantive … number of false positives under existing merger rules and thresholds. While merger enforcement ought to be mindful of these …
Persistent link: https://www.econbiz.de/10013216624
's takeover strategy and the decision problem of the antitrust authority. We derive implications for a merger control approach to … acquirer firm to learn the merger synergies with the target firm in advance. The realization of a synergy is uncertain ex ante …, so that a direct merger exhibits a downside risk not only for the merging candidates but also for consumers. We show that …
Persistent link: https://www.econbiz.de/10011684773
The primary agency problem traditionally existing in the US corporation has been the risk of opportunism of managers vis-à-vis shareholders. By contrast, the primary concern in European corporations has been the risk of opportunism of controlling shareholders vis-à-vis minority shareholders....
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to the merger. We show that a PPO reduces the minimal synergy level necessary to make a merger beneficial for consumers …. It follows that an antitrust authority ignoring existing PPOs when evaluating merger proposals (which reflects the … current EU merger control regime) invites sneaky takeovers: Acquiring firms strategically use PPOs prior to a full merger …
Persistent link: https://www.econbiz.de/10009788178
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law instruments) that may alleviate the need for merger control intervention are dealt with. Also, the appropriateness of … connection with non-controlling minority shareholding acquisitions. This contribution concludes that the European merger control …
Persistent link: https://www.econbiz.de/10013057344
The 'two-thirds rule' stands as a caveat to the quantitative jurisdictional thresholds stipulated in the Merger …
Persistent link: https://www.econbiz.de/10014057343
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the German Reorganisation Act (UmwG). A merger passed at the General Annual Meeting will not move forward as long as any …
Persistent link: https://www.econbiz.de/10013058808