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Problems and process: European merger control and how to use it
Author(s) -
Heim Mathew
Publication year - 2004
Publication title -
journal of public affairs
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.221
H-Index - 20
eISSN - 1479-1854
pISSN - 1472-3891
DOI - 10.1002/pa.172
Subject(s) - restructuring , legitimacy , context (archaeology) , politics , negotiation , competition (biology) , european union , political science , public administration , public relations , business , law , international trade , paleontology , ecology , biology
Abstract This paper seeks to explore some of the public affairs principles involved in the EU mergers and acquisitions regulatory process, which affects most corporate restructuring of a European scope. Following a brief overview of the EU merger review process and the main role of public affairs in such cases, the paper explores some of the more sensitive issues that demand public affairs activities, and issues that are raised by public affairs activities. The paper focuses on the open nature of the EU merger review process, which allows for wide consultation; the imperfections within the EU merger review process, which lead to confusion as to where the exact point of decision lies; and the fact that the process is only quasi‐legal, so that competition policy and industrial policy considerations may filter into the regulator's assessment. The impact of politics is also explored; from high‐profile political interventions to low‐key political negotiations. Finally, there is a review of the perception of lobbying and the question of the legitimacy of the public affairs discipline in the context of EU merger control. Copyright © 2004 Henry Stewart Publications