Advanced

Failing firm doctrine an exemption not a rule in Merger Control legislation

Fahim, Mostafa LU (2012) HARP40 20121
Department of Business Law
Abstract
The failing firm doctrine (FFD) has been firstly enounced 1921 in case International Shoe Co v FTC. The key case in EU is Kali where the Commission has discussed the concept of FFD in depth. The Commission has established that FFD is not the rule but the exception from the rule that horizontal mergers are harmful for the competition. The binding Acts in the field of Merger Control are EU Regulation (EC) No 139/2004 corresponds to chapter 7 of the US Clayton Act- (15 USC § 18).

This paper provides a comparative analysis of the interpretation of the FFD given by the courts in United States and in Europe. It analyzes some cases founder of the theory and examples of arguments exchanged in the context of its application. Finally, it examines... (More)
The failing firm doctrine (FFD) has been firstly enounced 1921 in case International Shoe Co v FTC. The key case in EU is Kali where the Commission has discussed the concept of FFD in depth. The Commission has established that FFD is not the rule but the exception from the rule that horizontal mergers are harmful for the competition. The binding Acts in the field of Merger Control are EU Regulation (EC) No 139/2004 corresponds to chapter 7 of the US Clayton Act- (15 USC § 18).

This paper provides a comparative analysis of the interpretation of the FFD given by the courts in United States and in Europe. It analyzes some cases founder of the theory and examples of arguments exchanged in the context of its application. Finally, it examines if it has been any adjustment of application of the FFD during the financial crisis period. I start by presenting the U.S. legislation in this field of law and the European counterparts and compare them. I also present the effects and the substantive assessment in both legislations. Then I try to identify possible trends in the application of this theory. (Less)
Please use this url to cite or link to this publication:
author
Fahim, Mostafa LU
supervisor
organization
alternative title
Merger Control legislation in the US and EU
course
HARP40 20121
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Failing firm doctrine, FFD, Merger Control, Merger Control legislation in the US and EU, Failing firn defense during the financial crisis, Eventual renewal of faling firm defense.
language
English
id
2856531
date added to LUP
2012-06-28 14:59:16
date last changed
2012-06-28 14:59:16
@misc{2856531,
  abstract     = {The failing firm doctrine (FFD) has been firstly enounced 1921 in case International Shoe Co v FTC. The key case in EU is Kali where the Commission has discussed the concept of FFD in depth. The Commission has established that FFD is not the rule but the exception from the rule that horizontal mergers are harmful for the competition. The binding Acts in the field of Merger Control are EU Regulation (EC) No 139/2004 corresponds to chapter 7 of the US Clayton Act- (15 USC § 18).

This paper provides a comparative analysis of the interpretation of the FFD given by the courts in United States and in Europe. It analyzes some cases founder of the theory and examples of arguments exchanged in the context of its application. Finally, it examines if it has been any adjustment of application of the FFD during the financial crisis period. I start by presenting the U.S. legislation in this field of law and the European counterparts and compare them. I also present the effects and the substantive assessment in both legislations. Then I try to identify possible trends in the application of this theory.},
  author       = {Fahim, Mostafa},
  keyword      = {Failing firm doctrine,FFD,Merger Control,Merger Control legislation in the US and EU,Failing firn defense during the financial crisis,Eventual renewal of faling firm defense.},
  language     = {eng},
  note         = {Student Paper},
  title        = {Failing firm doctrine an exemption not a rule in Merger Control legislation},
  year         = {2012},
}