User talk:AchalOza
Albania 2003 Public Interest Pro-D
Does this sound like a public interest (or efficiency) defense to you?
2. Commission may not prohibit concentrations where one of the undertakings risks seriously a failure, there is no less anticompetitive alternative to the concentration, when:
a) this undertaking is in such a situation that without the concentration it would exit the market in the near future;
b) there is no serious prospects of reorganizing the activity of this undertaking.
--AchalOza 12:57, 21 June 2007 (EDT)
I'd ask Hylton about this one. This is the case of when there are two firms, and one will perish if it isn't allowed to merge with the other. Not strictly an efficiency defense, because it won't advance technology, the market, etc.
Not public interest, either. Maybe it belongs under "Other."
--JWSchneider 17:42, 21 June 2007 (EDT)
Discussed with Hylton and he said that this "Business Failure" defense should be included as a comment to "Restriction of Trade". Moreover, he suggested refining the definitions so Efficiency Defense is for benefiting economic cost and public interest is for things like international competitiveness, minority ownership, income distribution, unemployment, national security and the environment. We should keep an eye out for what else is included under "Other."
--AchalOza 13:17, 22 June 2007 (EDT)
However, the Albania statute does not include "Restriction of Trade" in their merger assessment. Is it still appropriate to include "Business Failure" as a comment there?
--AchalOza 13:56, 22 June 2007 (EDT)