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Commission [1999] ECR II-753 the concentration between the two companies were regarded as incompatible with the EU Merger Control regulations. The EU Court of First Instance wrote that merger control is there "to avoid the establishment of market structures which may create or strengthen a dominant position and not need to control directly ...
In business, an MoU is typically a legally non-binding agreement between two (or more) parties, outlining terms and details of a mutual understanding or agreement, noting each party's requirements and responsibilities—but without establishing a formal, legally enforceable contract (though an MoU is often a first step towards the development of a formal contract).
The increased use of sharing agreements by media companies to form consolidated, "virtual" duopolies became controversial between 2009 and 2014, especially arrangements where a company buys a television station's facilities and assets, but sells the license to an affiliated third-party "shell" corporation, who then enters into agreements with ...
Some agreements provide that if the representations and warranties by the seller prove to be false, the buyer may claim a refund of part of the purchase price, as is common in transactions involving privately held companies (although in most acquisition agreements involving public company targets, the representations and warranties of the ...
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...
If a company attains a significant strengthening of its dominant position in the market due to the merger, the European Commission is allowed to prevent the merger between the two firms. [ 74 ] In 2001, the EU blocked the proposed merger between General Electric and Honeywell, although it has already been cleared by the American authorities.
Other forms of contracts between public and private entities, namely lease contract and management contract (in the water sector often called by the French term affermage), are closely related but differ from a concession in the rights of the operator and its remuneration. A lease gives a company the right to operate and maintain a public ...
A horizontal merger is one between parties that are competitors at the same level of production and/or distribution of a good or service, i.e., in the same relevant market. [2] There are two types of anticompetitive effects associated with horizontal mergers: unilateral effects and coordinated effects.
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