Forms of economic concentration Sample Clauses

Forms of economic concentration. In reality, most cases of economic concentration do not give rise to concerns in terms of competition. Therefore, the competition agencies should clearly define the economic concentration case they should focus resources to handle. Normally, evaluating a case of economic concentration includes 2 stages:  Judging if the transaction is economic concentration or not? these forms as follows: ● Merger of enterprises means an act whereby one or several enterprises transfer all of its/their property, rights, obligations and legitimate interests to another enterprise, and at the same time terminate the existence of the merged enterprise (s). ● Consolidation of enterprises means an act whereby two or more enterprises transfer all of their property, rights, obligations and legitimate interests to form a new enterprise and, at the same time, terminate the existence of the consolidated enterprises. ● Acquisition of enterprises mean an act whereby an enterprise acquires the whole or part of property of another enterprise sufficient to control or dominate all or one of the trades of the acquired enterprise. ● Joint venture between enterprises means an act whereby two or more enterprises jointly contribute part of their property, rights, obligations and legitimate interests to the establishment of a new enterprise. In fact, a transaction itself can tell whether it is an economic concentration transaction or not. However, there are transactions which are difficult to define their nature, they could be called economic concentration transactions but also be prohibited acts according to competition law of competition restriction agreements or even abuse of dominant position. Such transactions comprise: joint venture, buying shares of minority stockholders or sell part of independent property like technology or customer list. For the objectives of economic concentration control policy as mentioned above, investigating one merger transaction is regarded as analysis and consideration process on a business transaction of competition agencies to determine whether it damages competitive motivation, then declines consumer utility and economic efficiency or not. This is complex and difficult task which is further analyzed in the next part of research. Moreover, to maintain transparency and predictability in merger assessment, competition agencies usually provide with criteria to make decision whether one transaction is in the scope of regulation of competition law or not. The most ...
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Forms of economic concentration. Current Vietnam Competition Law only uses market share of concerned parties to evaluate merger transaction. Therefore, only the cases where economic concentrations which bring changes (increases) in market share, that is, economic concentrations between firms in a same market, or, horizontal economic concentrations fall into the dimension of regulation by Vietnam Competition Law. However, theoretically, transaction method of economic concentration divides some forms of economic concentration: horizontal, vertical and complex economic concentrations.

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