Risk minimization measures regarding merger-related exchange of infor-mation under EU competition law
This article investigates EU competition law aspects of information exchange in the course of mergers. The exchange of information between the parties, which regularly occurs in the course of transfer of a business, is deemed to be necessary for an accurate assessment and evaluation of the target co...
| Main Author: | |
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| Format: | Article |
| Language: | deu |
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Brigitte Lurger, Elisabeth Staudegger, Stefan Storr
2022-12-01
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| Series: | Austrian Law Journal |
| Subjects: | |
| Online Access: | https://unipub.uni-graz.at/alj/periodical/titleinfo/8242790 |
| _version_ | 1811212566918070272 |
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| author | Jurić, Tomislav |
| author_facet | Jurić, Tomislav |
| author_sort | Jurić, Tomislav |
| collection | DOAJ |
| description | This article investigates EU competition law aspects of information exchange in the course of mergers. The exchange of information between the parties, which regularly occurs in the course of transfer of a business, is deemed to be necessary for an accurate assessment and evaluation of the target company, but at the same time represents a challenge under EU competition law provisions for the parties involved. In practice, it is difficult to rely on clear, uniform rules which standardize the extent to which such an exchange of information ap-pears to be within the permissible framework of antitrust regulations or (whether it) already violates such regulations. The aim of this paper is to identify suitable instruments for the reducing of antitrust risks in the exchange of information between competitors within the basis of the legal framework of EU competition law. To this end, specific recommendations as legal measures are set out in the form of contractual and organizational measures for regulating the exchange of information in the context of mergers. |
| first_indexed | 2024-04-12T05:31:13Z |
| format | Article |
| id | doaj.art-55fa2a8eb75d417f9d64e96953bcc7c5 |
| institution | Directory Open Access Journal |
| issn | 2409-6911 |
| language | deu |
| last_indexed | 2024-04-12T05:31:13Z |
| publishDate | 2022-12-01 |
| publisher | Brigitte Lurger, Elisabeth Staudegger, Stefan Storr |
| record_format | Article |
| series | Austrian Law Journal |
| spelling | doaj.art-55fa2a8eb75d417f9d64e96953bcc7c52022-12-22T03:46:03ZdeuBrigitte Lurger, Elisabeth Staudegger, Stefan StorrAustrian Law Journal2409-69112022-12-019210812810.25364/01.9:2022.2.1Risk minimization measures regarding merger-related exchange of infor-mation under EU competition lawJurić, TomislavThis article investigates EU competition law aspects of information exchange in the course of mergers. The exchange of information between the parties, which regularly occurs in the course of transfer of a business, is deemed to be necessary for an accurate assessment and evaluation of the target company, but at the same time represents a challenge under EU competition law provisions for the parties involved. In practice, it is difficult to rely on clear, uniform rules which standardize the extent to which such an exchange of information ap-pears to be within the permissible framework of antitrust regulations or (whether it) already violates such regulations. The aim of this paper is to identify suitable instruments for the reducing of antitrust risks in the exchange of information between competitors within the basis of the legal framework of EU competition law. To this end, specific recommendations as legal measures are set out in the form of contractual and organizational measures for regulating the exchange of information in the context of mergers.https://unipub.uni-graz.at/alj/periodical/titleinfo/8242790prohibition on cartelscompetitively sensitive informationmerger-related exchange of informationnon-disclosure agreementclean-team agreementvirtual data room |
| spellingShingle | Jurić, Tomislav Risk minimization measures regarding merger-related exchange of infor-mation under EU competition law Austrian Law Journal prohibition on cartels competitively sensitive information merger-related exchange of information non-disclosure agreement clean-team agreement virtual data room |
| title | Risk minimization measures regarding merger-related exchange of infor-mation under EU competition law |
| title_full | Risk minimization measures regarding merger-related exchange of infor-mation under EU competition law |
| title_fullStr | Risk minimization measures regarding merger-related exchange of infor-mation under EU competition law |
| title_full_unstemmed | Risk minimization measures regarding merger-related exchange of infor-mation under EU competition law |
| title_short | Risk minimization measures regarding merger-related exchange of infor-mation under EU competition law |
| title_sort | risk minimization measures regarding merger related exchange of infor mation under eu competition law |
| topic | prohibition on cartels competitively sensitive information merger-related exchange of information non-disclosure agreement clean-team agreement virtual data room |
| url | https://unipub.uni-graz.at/alj/periodical/titleinfo/8242790 |
| work_keys_str_mv | AT jurictomislav riskminimizationmeasuresregardingmergerrelatedexchangeofinformationundereucompetitionlaw |