The Regulation of M&A in the USA and the European Union: Economic and Legal Framework Conditions, Contemporary Tendencies, Lessons for Russia
Abstract
Corporate restructuring through mergers and acquisitions is one of business strategies which have the potential of creating competitive advantage. M&A induce market concentration and consolidation, which are under concern of and which are regulated by the competition authority. The main issue is whether a proposed merger is pro-competitive or it would lead to rising market concentration, strengthening the buyer’s market power, and provoking collusive behaviour at the market. In this paper, the author suggests certain ways of improving the competition regulation procedures in the Russian Federation taking into account positive experience of the USA and the European Union. Special attention is paid to the necessity of a more complex analysis of M&A effects, raising openness of transactions, and improving the theoretical basis of regulation procedures.
Keywords:
mergers and acquisitions (M&A), the merger guidelines in the USA, the EU merger regulation, competition policy, the market power, collusive behaviour
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Articles of the St Petersburg University Journal of Economic Studies are open access distributed under the terms of the License Agreement with Saint Petersburg State University, which permits to the authors unrestricted distribution and self-archiving free of charge.