Влияние антимонопольного права Евросоюза на сделки по слиянию и поглощению

• Номер работы:
  384192
• Раздел:
  Все работы   →   Магистерские работы   →   Международное право
• Год добавления:
  30.04.2016 г.
• Объем работы:
  65 стр.
• Содержание:
  TABLE OF CONTENTS
  
  1. INTRODUCTION 3
  1.1. Background and overview 3
  1.2. Problem definition 4
  1.3. Research purpose and questions 5
  1.4 Research data and methodology 6
  1.5. Disposition 7
  CHAPTER 2. ANALYSIS OF MERGERS AND ACQUISITIONS IN THE CONDITIONS OF GLOBALIZATION 9
  2.1 Concept and motives of mergers and acquisitions 9
  2.2 Analysis of the market of mergers and acquisitions in the EU 13
  CHAPTER 3. PRACTICAL ASPECTS OF EUROPEAN UNION POLICY OF MERGERS AND ACQUISITIONS 17
  3.1 Legal framework of regulation of the competition in the EU 17
  4.1.1 Laws governing mergers, acquisitions and tender offers 20
  4.1.2 Other specific takeover rules 27
  4.1.3 Recent trends in antitrust enforcement 29
  4.1.4 Measuring concentration and defining market share 33
  4.2 Features of companies practice in the market of mergers and acquisitions 34
  4.3 Liberalization of markets within the single market 36
  4.4 Main economic grounds for approving a merger 38
  4.5 Economic arguments for rejecting a merger 39
  CHAPTER 4. PROSPECTS OF DEVELOPMENT OF THE ANTITRUST LAW OF THE EU 41
  5.2 Shortcomings of practical application of the antitrust law of the EU 41
  5.3 Tendencies of development of the European competitive right 45
  CHAPTER 5. CONCLUSION AND RECOMMENDATIONS 49
  REFERENCES 54
  APPENDICES 61
  
  
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  1. INTRODUCTION
  
  1.1. Background and overview
  
  The most characteristic features of the modern world are a globalization and regionalization. The European integration and globalization lead to integration of business, the companies seek to enter the new markets, to expand productions, to function at world level. Thus, merges and acquisition are the most important instrument of increase of competitiveness of the companies in modern conditions which purpose consists in increase of efficiency of the companies both more rational and economic distribution of resources .
  The policy of the European Union of merges and acquisition is an important link of the general antitrust policy of the EU; it is carried out at the supranational level and regulated by the European commission . Its main functions include maintenance of the effective competition to the purpose of protection of interests of consumers, stimulations of an innovation and prevention of abuses of a dominant position in the market. The purpose of a competition policy of the EU consists in prevention of emergence of monopolies .
  Merges and acquisitions promote maintenance of efficiency of the companies and development of economy until lead to violation of the «fair» competition. Thus, the antitrust policy of the EU is directed to restriction of merges and acquisition reasonably, to search of golden mean between the effective competition and growth and development of the separate companies .
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  1.2. Problem definition
  
  Mergers and acquisitions played a noticeable role in a regrouping and consolidation of forces of large business of a pas all extent of an industrial era. Therefore it is quite natural that the economic category «merges and acquisitions» is traditionally used in the political economic analysis, and also it is widely applied in the modern theory of management. In literature the considerable number of publications is devoted to studying of the questions connected with merges and acquisitions. Many authors consider merges and acquisitions as a way of implementation of corporate strategy of firm. Almost all of them study motives of the choice of merges and acquisitions as the instrument of external expansion. Recognized experts in the field of mergers and acquisitions are R. Vernon , G. Lanning , M. Jessen, S. Myers, Roll, D., and W. Sharpe .
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