Talk:France July 1999

France 1999 - Merger assessment – Public interest (Pro D)

Does this count as a public interest defense? This is the national champion stuff Hylton talked about.

Art. 41 - The Competition Council determines whether the proposed concentration or concentration makes a sufficient contribution to economic progress to compensate for the harm to competition. The Council takes into account the competitiveness of the enterprises in question with regard to international competition.

--JWSchneider 15:30, 25 June 2007 (EDT)

Agreed. Today, Hylton explicitly said "international competitiveness" falls under Public Interest. --Kajrozga 16:29, 25 June 2007 (EDT)

France 1999 - Merger assessment

I believe voluntary notification and post-merger notification should both be marked. See Art. 40

Art. 40 - Any proposed concentration or concentration that is not more than three months old can be notified to the Minister of the Economy by a concerned enterprise. The notification may contain commitments. Silence for two months constitutes tacit approval of the proposed concentration or concentration and of the annexed commitments. ...

--JWSchneider 15:33, 25 June 2007 (EDT)

I disagree. It says "by a concerned enterprise," which probably means an enterprise not party to the deal but that is worried an antitrust violation has resulted from some merger in its industry. The next sentence makes sense if the first sentence is read in this light, because it states that once an enterprise fails to object to a merger, it's lost any future chance to do so. --Kajrozga 16:33, 25 June 2007 (EDT)