Dissertations / Theses on the topic 'Consolidation and merger of corporations – law and legislation – cases'
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Zwane, Bhangase Patrick Mzabalazo. ""A Critical and comparative analysis of the public interest case law jurisprudence of the competition tribunal of South Africa on large and notifiable mergers, since the enactment of the competition act no.89 of 1998(as amended)"." Thesis, University of the Witwatersrand, Johannesburg, 2007. http://hdl.handle.net/10539/20552.
Full textThe Competition Act no.89 of 1998 coupled with its amendments ushered in a new era in the competition analysis and merger approval process in South Africa. This research paper's purpose is to intimately explore the emergent doctrine of "public interest" institutionalized in this new dispensation of competition legislation. In particular this report places under the spotlight the treatment of public issues in case law jurisprudence as developed in the consideration and determination of large and notifiable mergers under the auspices of the competition tribunal of the Republic of South Africa since the inception of the said new legislative order. The efficacy of the determination of socio-political issues and pure competitive efficiency issues separately but under and by the same entity are also examined. The contrast between the South African approach to the application of the doctrine of the public interest and that of some other competition jurisdictions abroad is also explored.
Mawire, Patrick N. "The tax implications of a private equity buy-out : a case study of the Brait-Shoprite buy-out." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/803.
Full textHanisch, Alexandra. "The use of defensive measures in hostile takeovers : a comparative study of takeover regulation in the US, the UK, Canada, the EU and Germany." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78216.
Full textCai, Wei, and 蔡伟. "The mandatory bid rule, hostile takeovers and takeover defences in China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2011. http://hub.hku.hk/bib/B46968398.
Full textZhang, Lusong, and 張露松. "Regulation of foreign mergers and acquisitions involving listed companies in the People's Republic of China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2006. http://hub.hku.hk/bib/B37190507.
Full textGe, Jun Wei. "Implication of Merger and Acquisitions by foreign investors in national security in China." Thesis, University of Macau, 2008. http://umaclib3.umac.mo/record=b1944049.
Full textFoerderer, Jens Peter. "An unclean deal : why the European Commission was right to block GE-Honeywell." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78213.
Full textIn spite of constant cooperative efforts during the investigation, the two antitrust agencies could not reach a common position. When scholars and officials tried to find reasons for the divergence between the American and European decisions, they often criticized the Commission's general approach of focusing on competitors rather than on consumers. They further claimed that the Commission had used dubious economic models to block the merger.
This thesis tries to reinstate the reputation of the European Commission as a professional antitrust institution. The criticisms often left the impression that the Task Force of the Directorate-General for Competition of the European Commission constituted a politically-orientated, rather than economic and legally-orientated, organ. It will be shown that this is actually not the case.
After having analyzed the Commission's decision in detail, and revealing both the strengths and weaknesses of its findings, the thesis will demonstrate that most of the criticisms have to be rejected, and that the Commission had a legal and economic basis in blocking the GE-Honeywell merger.
Spree, Wolfgang. "The transfer of undertakings with specific reference to the transfer of insolvent undertakings - an evolution of the South African law." Thesis, Link to the online version, 2007. http://hdl.handle.net/10019/404.
Full textPetrova, Elena V. "Regulation of takeover bids in Ontario." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33059.
Full textLi, Jing, and 李靜. "China's antitrust measures on foreign mergers and acquisitions." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2008. http://hub.hku.hk/bib/B40203578.
Full textJanka, Sebastian Felix. "Control of mergers between newspaper enterprises under South African and German competition law." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50303.
Full textENGLISH ABSTRACT: This thesis compares South African and German Competition Law. The focus is the control of mergers between newspaper enterprises. It has to be asked whether special rules should apply to transactions in this field, considering the importance of an unconcentrated, competitive press from an economic and political point of view. It will be shown that South African and German Competition Law are similar in many respects. Both legal systems follow a flexible, primarily economic approach to the consideration of proposed transactions, taking into account a plurality of factors to determine potential detrimental effects of mergers on competition. Moreover, pro-competitive gains and public interest issues are recognised under South African and German law. When it comes to the control of mergers between newspaper enterprises, though, the two legal systems diverge. Only under German Competition Law, are there specific provisions for press mergers. In view of a recently proposed amendment of the German Competition Law, the appropriate form of regulation that is likely to guarantee a free press, will be investigated. It will also be analysed, whether there is a specific need for press regulation in the South African context. Even though there are no special provisions under South African Competition Law, the South African Constitution leaves space for a broader understanding of the freedom of the press. Hence, it will be examined if the South African Constitution obliges the state to enact particular laws to protect press-plurality. Moreover, it will be analysed if the South African Competition Act should be interpreted in a manner that would promote plurality of the press. In the view of the eminent role of the press for a democratic society, it will be argued in this thesis, that there is a particular need for media regulation. Notably the significant levels of concentration in both German and South African press markets raise concerns as regards the protection of a free and pluralistic press. It will be shown that there are different foreign approaches to maintaining and promoting freedom of the press and it will be suggested that South Africa recognises a need for more press-specific regulation in the future.
AFRIKAANSE OPSOMMING: Hierdie verhandeling vergelyk Suid-Afrikaanse en Duitse mededingingsreg. Dit is gefokus op beheer oor persondernemings. Die vraag word gevra of spesiale reëls van toepassing behoort te wees op transaksies in hierdie sektor, indien die politieke en ekonomiese belang van 'n ongekonsentreerde en mededingende pers in ag geneem word. Dit word uitgewys dat Suid-Afrikaanse en Duitse mededingsreg in vele opsigte soortgelyk is, wat die regulering van samesmeltings betref. Beide regsstelsels volg 'n buigsame, hoofsaaklik ekonomiese benadering tot die oorweging van 'n transaksie. Beide neem 'n veelheid van faktore in ag om te bepaal of 'n transaksie moontlik negatiewe gevolge vir mededinging het. Verder word pro-mededingende en publieke belangsaspekte in beide die Suid- Afrikaanse en Duitse reg in ag geneem. In die geval van 'n samesmelting tussen koerantondernemings verskil die twee sisteme egter. Die Duitse reg het spesiale reëls vir samesmelting van sulke ondernemings. In die lig van wysigings wat onlangs aan die Duitse mededingsreg voorgestel is, word geskikte vlakke van regulering van die pers, wat nodig is om 'n vrye pers te waarborg, ondersoek. Aandag word geskenk aan die vraag of daar'n behoefte is aan regulering van die pers in die Suid-Afrikaanse omgewing. Alhoewel die Suid-Afrikaanse Grondwet nie spesiaal daarvoor voorsiening maak nie, laat die Grondwet plek vir 'n wyer begrip van persvryeid. Dus word vasgestelof daar 'n plig op die staat is om wetgewing in te voer wat die staat dwing om perspluralisme te beskerm. Verder, word bepaal of die Suid-Afrikaanse Mededingingswet op so 'n wyse interpreteer kan word dat dit perspluralisme sal bevorder. In die lig van die sentrale rol vir 'n vrye pers in 'n demokratiese samelewing, word geargumenteer dat, daar 'n spesiale behoefte aan reguleringvan die media is. Die hoë vlakke van konsentrasie in beide die Duitse en Suid- Afrikaanse persmarkte skep besorgheid oor die beskerming van 'n vrye en pluralistiese pers in hierdie lande. Dit word aangetoon dat daar verskillende benaderings tot die beskerming en bevordering van 'n vrye pers in ander lande is en daar word voorgestel dat Suid-Afrika 'n behoefte aan meer spesifieke reëls vir regulering van die pers erken.
Sloane, Justin. "A discussion and comparison of company legislation and tax legislation in South Africa, in relation to amalgamations and mergers." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1013028.
Full textOlson, William H. (William Halver). "An Empirical Investigation of the Factors Considered by the Tax Court in Determining Principal Purpose Under Internal Revenue Code Section 269." Thesis, North Texas State University, 1987. https://digital.library.unt.edu/ark:/67531/metadc332329/.
Full textBOTTA, Marco. "Merger control regimes in emerging economies : a case study on Brazil and Argentina." Doctoral thesis, 2010. http://hdl.handle.net/1814/14516.
Full textExamining Board: Prof. Heike Schweitzer, European University Institute, Law Department (Supervisor); Prof. Giuliano Amato, European University Institute, Law Department; Prof. Frédéric Jenny, ESSEC Business School, Paris; Juan Antonio Rivière y Matí, European Commission, Brussels
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The dissertation discusses the development of competition law in the emerging economies. In particular, the research focuses on the systems of merger control, taking Brazil and Argentina as case studies. The core subjects discussed in the dissertation concern the institutional issues undermining the enforcement of competition law in the emerging economies, the features that a system of merger control should have in an emerging economy, and the problems faced by the competition authorities of the emerging economies when they have to review multi-jurisdictional concentrations. Brazil and Argentina have been selected as case studies due to the fact that they have an enforcement record of a system of merger control of ten and fifteen years respectively. Moreover, the number of cross-border competition law cases involving Brazil and Argentina has recently increased, due to the strong trade links that these countries have established within Mercosur. From a methodological point of view, the research is based on the analysis of the Brazilian and Argentinean legislations in the field of competition law, as well as the main merger decisions adopted by the competition authorities and the judgements held by the courts of these countries. In addition, the empirical analysis is based on the interviews conducted by the author between April and July 2008 in Buenos Aires, Brasília and São Paulo with competition lawyers and officers of the competition authorities of these countries. In the final chapter of the thesis the findings concerning Brazil and Argentina have been discussed against the background of the literature concerning the topic of competition law in the emerging economies. The overall objective of the research was to identify a number of policy lessons applicable to other emerging economies which have recently introduced a system of merger control at the internal level.
GIJRATH, Serge J. H. "Regulation of takeover bids in the EC and the US : the case of national interests as defensive tactics against unfriendly cross-border takeover bids." Doctoral thesis, 1989. http://hdl.handle.net/1814/5552.
Full textSVETLICINII, Alexandr. "Assessing non-horizontal mergers : the role of legal rules and integration of economic analysis." Doctoral thesis, 2011. http://hdl.handle.net/1814/17177.
Full textExamining Board: Prof. Dr. Heike Schweitzer, Universität Mannheim/EUI (EUI Supervisor); Prof. Dr. Giorgio Monti, EUI; Prof. Dr. Jules Stuyck, Katholieke Universiteit Leuven; Dr. Ioannis Lianos, University College London
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis is targeting a complex topic of integration of economic analysis (economic theories and evidence) into the legal framework of EU merger control. Inspired by the calls for a "more economic approach" in EU competition law this work attempts to highlight both the limits and perspectives for incorporation of the economic analysis under the set of legal rules (both substantive and procedural) that govern initial merger assessment of the Commission and the subsequent review of the Commission’s findings exercised by the Courts. The correlation between legal rules and economic analysis is studied on the example of non-horizontal concentrations that should be assessed taking into account both anti-competitive effects stemming from the future conduct of the merged entity and economic efficiencies that can be generated through vertical integration or conglomerate diversification. Application of economic theories and assessment of economic evidence is placed in the context of the applicable legal rules and standards such as standard of proof, standard of judicial review, margin of assessment in complex economic matters, and legal standards governing admission, presentation and assessment of economic evidence. The correlation of the specified legal rules and economic analysis was studied on the examples of unilateral (vertical foreclosure) and coordinated (tacit collusion) effects’ scenarios which are typical for non-horizontal settings. The observed enforcement practices demonstrated the need for further development of functional rules, tests and methodologies, which are pre-requisite for an effective and consistent application of the effects-based assessment.
Liu, Zhu Stuart. "The effects of regulatory changes on insider trading and price movements during corporate takeovers." Thesis, 1994. http://hdl.handle.net/2429/8769.
Full textJOHNSTON, Andrew. "Theories of the company, employees and takeover regulation." Doctoral thesis, 2004. http://hdl.handle.net/1814/4666.
Full textDUPRÉ, Bruno. "Merger policy in the EEC : legal and economic analysis in the light of the American experience." Doctoral thesis, 1992. http://hdl.handle.net/1814/4614.
Full textSupervisor: Prof. Christian Joerges ; Co-supervisor: Prof. Barry Hawk
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Magana, Kamogelo Sidwell. "Public interest versus competition considerations : a review of merger review guidelines in terms of Section 12 A of the Competition Act, 1998." Diss., 2020. http://hdl.handle.net/10500/27309.
Full textMercantile Law
LL.M. (Mercantile Law)
Oberholzer, Cornelius Christiaan. "Legal aspects of the regulation of mergers and acquisitions." Diss., 1997. http://hdl.handle.net/10500/15684.
Full textPrivate Law
LL.M.