How2Identify perpetrator/s (plc/cma/gov/Reg/Min/Lobbyco)
-i will specially target matoipo ‘targets’ (more likely to settle, as need to complete asap)
-i will target matoipo uas where the ‘litig.leverage’ is such that both parties share the litig liab, and/or the o.2get Reg.approvals ( more likely to settle)
– regularly check ubo/psc registers >> did the co (whose matoipo was cleared) has breached the clearance conditions/undkings/remedies ?
– estimate the unilateral effects (UEs) of horizontal MATOIPOs, with:
a. homog.gws (identify whether a (pot) cartel may emerge from the MATOIPO…95%cartels happen in homog.gws markets)
b. with heterog.gws [<>marketsegmentation<>stealthcons]
– top plcs pot liab for ADP and/or SCON(stealthcons)?
– MATOIPO SOLE OR JOINT CONTROL? >> who are the real parties? and what’s the real TUR and MAS? >> MJ ? >> thresholds hit in any of the countries? [see: mj.where2notify]. May the TUR be double-counted? if so, i need to add all of the PLC’s TURs in each country >> if exceeds the PLC’s global reported TUR, did the plc fail to notify (the matoipo) in any country?. is there stealthcons in that IMS (ind.market.sector)?
– has the matoipo the pot2affect eu intermember trade?. if so >> o2refer2ec [ex by cnmc…ow: cocoo v cnmc] <> RLCM (eubudget protection mechs]
-a eumember whose legitints could pot be harmed by a proposed matoipo, may block in its territory an ec-cleared matoipo ….about the reverse, there is no caselaw yet.
– pot liab for NEGLIGENT DOCAS>> (pot) COCONS (wrt MAFs(marketfeatures)) :
1. failure of d2preemptiveReview (of matoipo) : did plc notify? (no o. in uk): if so, i will challenge thresholds (by estimating : hhi; ssnip; coras; potMJs; (levelofsegmentation-if high: SCON?)
2. REVIEWS: did cma properly follow the BA (wpi.ee.clp) mechs [ex: the 4exemptconds] ?. [Cleared?>> T2EP?] [blocked?>>T1EP?]
3. if RMSthreshold hit (whether by a notified or unnotified mato), the cma has o.deoficio2review = o2motherBA
4. uk cma has discret.power to decide to review or not [thus, it may review a pot mato even if the rms threshold is not hit;;; and may choose not to review a mato, even if the rms thresholds are hit]…..EXCEPTION: cma may not use this discr.power U.V.
5. if there is a SLC, cma has [o2motherba = clear, or accept cos’UILs, or phase2. if phase2, cma has o2BA: T1EP OR T2EP
6. in rns i will look for contracts, assets acquis, share acquis [even if is a min.shholding, or just of veto rights] >> is there a JOSDIP ? >> if so, is there a CHOCO? >> if so, MCR kicksin
7. A stakebuliding that results in acquis of min.30%targetvotingrights, or if triggers the NSIA >> o2disclose + o2bid