COCOO CASES

TB.examples

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Examples of TBs:

  • Barriers to U.S. agricultural exports. The NTE Report highlights cross-cutting barriers affecting U.S. agricultural trade, including opaque and burdensome facility registration requirements, such as Indonesia’s facility registration requirements for dairy, meat, and rendered products, and the People’s Republic of China’s (PRC) requirements across a wide range of food and agricultural products; sanitary and phytosanitary (SPS) measures that are not based on science, are maintained without sufficient scientific evidence, or are applied beyond the extent necessary to address SPS issues, such as India and Turkey’s procedures and requirements for agricultural biotechnology approvals, Mexico’s policies regarding products of agricultural biotechnology, and the European Union’s non-science-based policies affecting innovative crop protection technologies; and lack of adherence to science- and risk-based standards and commitments related to trade in poultry products from regions impacted by highly pathogenic avian influenza, including by the PRC. USTR is determined to use all available tools to ensure that U.S. agricultural producers are provided fair access to compete on a level playing field globally, and to ensure safe, wholesome food and agricultural products to consumers worldwide.
  • Failure to recognize U.S. motor vehicle standards. Certain countries effectively exclude U.S. vehicles built to conform to the U.S. Federal Motor Vehicle Safety Standards (FMVSS). These standards provide a high level of protection that matches or exceeds that of other countries. Over the coming year, USTR will continue its engagement with foreign government and authorities on this issue, to ensure that U.S. exports of FMVSS-compliant vehicles are able to access these markets, including Colombia, Egypt, Laos, Morocco, the Philippines, Saudi Arabia, and Taiwan.
  • Lack of uniformity in the European Union. U.S. stakeholders continue to face challenges in the European Union in having to address disparate policies or procedures across Member States. Areas of concern include customs, labeling, agricultural biotechnology, packaging and packing waste, government procurement, investment, and intellectual property protection and enforcement.
  • Non-Market Policies and Practices. The PRC’s state-led, non-market approach to the economy and trade continues to shape the industrial policies that the PRC pursues, and provide unfair competitive advantages to PRC companies. This includes massive financial support and regulatory and other preferences and formal and informal policies and practices that seek to disadvantage foreign competitors. This behavior is heavily distorting and disrupting markets, which has led to severe and persistent excess capacity, as evidenced by the ongoing situations in the steel, aluminum, and solar industries, among others. The PRC is focused on numerous industries in advanced manufacturing, high technology, and other key economic sectors, where the PRC is setting and pursuing production and market share targets that can only be achieved through non-market means. USTR is determined to pursue all available domestic trade tools to protect the competitiveness of U.S. workers and businesses and will continue to work closely with like-minded allies and trading partners to address the PRC’s harmful policies and practices.
  • Data policies in furtherance of state intrusion. The United States is aware that data localization policies can be use by government to surveil their populations, interfere with labor rights, and otherwise compromise civil and political liberties. There are also circumstances in which data policies lack clarity and pose compliance challenges. USTR has identified problematic data policies across a range of countries, including the PRC and Russia.
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11111.FCA


                        

FCA

fca has d2promote clp and to collab with cma. fca is the only reg with o2maintain the compet.position of the uk…..fca has o2check that cos are complying with their o2rns its possible intention to bid for another co…and that, therefore, it will start its prebidstakebuilding….but there are 2 exceptions (where the poss bid’s offer period will start, even though the co did not rns this intention): 

a. if the AGGREGATED IS BELOW 3% (target)….[aggregation= the interests of all parties (ubos; pscs etc) must be added, toward the thresholds].   Also, to calculate TUR, 2 or more transactions between the same parties, within a 2 year period, are regarded as the same matoipo.

or

b. if an outsider (ex cocoo) could gather the co’s intention, that intention is not deemed as ININ>>no o2rns

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11111.HOW2IDENTIFY.PERPETRATORS


                        

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

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GENERAL SNITCH RULES


                        

GENERAL SNITCH RULES

  1. market = a set of gws and/or geoareas, in such level of mutual comp, that their prices +correlate >> I WILL CHECK PRICE CORRELATIONS BETWEEN HORIZ COMPETITORS
  2. CLP/WPI goals may only be used in court if can be computed (translated to moneyvalue)
  3. Always use COUNTERFACTUALRELATIVITY (CONRE) = (what would have happened in the absence of the cma’s block/clearance). this means that signals must always be construed WRT effectivecomp [=no MAP = consumers may easily switch] ?…and also, any effectivecomp must be always construed WRT the given IMS. exs: would prices have declined?. would the plc’s value be different?. would the plc’s gws quality be differfent?
  4. ipos generate more value than matos >> matos always willing to accept lower valuation
  5. target cos are always undervalued (specially ipo targets), so that the buyer will get a valuation kick
  6. no ua, no clp
  7. the goal of 2LEG is the prevention+elimination of [SPILLS (+ OR -) + DEADWEIGHTLOSSES] = the underlaying MAFs that make a given IMS become too compet. perfect, or too compet. imperfect. 
  8. all horizUAS + all cartels [vert or horiz] generate SIL = obl= primafacie = onusSHIFTS2def >> no BA needed
  9. where there is [STRINFO (strategic info) = actual knowlg, or constructive knowlg] >> the co receving it has o2exitmarket and/or o2whistleblow…ow: deemed acceptance, with SLI
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1117embeddings

[popup_trigger id=”37156″ tag=”button”]4[/popup_trigger]

 

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1116embeddings

PLC.TRANSCRIPTS ELP COL.SUPERCOMPS.COLLFOCS CLP.STRATEGIES ILP.OD.AR.FTM.ARB.NIGERIA CPR.5.45 3PINT.CLP DDREPORTS.HOW2behave stealth.CONSOLIDATION APPS.OC.OS.. L+ CLP.PROMPTS TOP.MAs Step.filters.1(Cocoos.RULES)   4

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1115embeddings

LOBBYING.HOW2LOBY4OI LOBBYING.APPGS LOBBYING.GOV.GROUPS LOBBYING.FINSENTIMENT.ANALYSIS
LOBBYING.UK.USA LOBYING.EU LOBBYING.EULAW.REGS LOBBYING.SI.UK LOBBYING.DISCOUNTING4INFLATION LOBBYING.INVESTIGATIONS.ORCL EXTS BY RENTSEEKING LOBBYING.LCON.LCOM LOBBYING.HOL2 LOBBYING.HOL1
LOBBYING.UES ALP INHOUSE SOLICITOR SQAL:CBI.BSI.FSB

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1114embeddings

PPPS.SUBFOLDERS PPPS.SUBFOLDERS2 PPPS.SUBFOLDERS.3 OTHER MIMINDS MADE.REALMA.EC MACOCON.IDENTIFICATION

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1-14


                        

1+5
https://drive.google.com/drive/folders/1hUl445vmfDdxpG8wXnsQj4mOSiHDiqnN

———————
3+14
https://drive.google.com/drive/folders/1QVqkheD77_N45JX-if0WgpwcwHOT_gOZ

4

https://drive.google.com/drive/folders/1nNkobGDiXf6pq-TKvA1DRvnHVlBf_xV5

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5+1

https://drive.google.com/drive/folders/1S3l4gCHYVkpzJ_B_6cVamkBCjX9WFphl

————–

5+6. valuations

https://drive.google.com/drive/folders/12uxwgcRNv7aLRR6hF7qBsHKFVceeRp8v

—————–

6. error.preferences

https://drive.google.com/drive/folders/1PLTR5B1_U2wrcH3nEXhALMi-yRmI-8K1

——————

7

https://drive.google.com/drive/folders/1bBavAMlaxSVE95jrxqLvsMt7QPehWyJx

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8

https://drive.google.com/drive/folders/18crD5HdinmuKmPI9JEcvgYWmzqKwr-Ef

—————–

9

https://drive.google.com/drive/folders/1QjAb7BZwsCwhqRTdIm9AszkRMXBN3LFO

———————–

10L+

https://drive.google.com/drive/folders/1eKpY_BmVSy9D44NzhCDt-5p_lT5WEljX

———————-

11

https://drive.google.com/drive/folders/1GLTAxFwwrReNVtLzOqseSZzBpBdt5utk

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13

https://drive.google.com/drive/folders/1kh13jPDrqjUFxT1MjQrV3vo4c9mBz74z
—————–

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UK

UK.PUS.LIAB

https://drive.google.com/drive/folders/1CQe7_mH9Bf-cbL9e-Qje3UlXYIoMQ5WK

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UK.SC

https://drive.google.com/drive/folders/1pkaTd4xkmt8hOsscZBNCaRLOkdWK1VGD

 


inhouse sol

https://drive.google.com/drive/folders/1XWqqSboubpDaIsp0LWOmcsoKcGixd_I_

hmco.comco

https://drive.google.com/drive/folders/1PSA4dD7x3612CtQ-VLN77jZxouudToQI

fsa.regs

https://drive.google.com/drive/folders/1ujvTCKIkMBwj-Rh8SI-EQE5w4n2HRK4a

cpr 5.45

https://drive.google.com/drive/folders/1jlsWKJOhUFNRLH5pQ7fV9P1UmhoIPS45

cmas

https://drive.google.com/drive/folders/1AdaJPEHxk_YedhzF__gdgrKKVe8bLH49
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CAT.ECJ

https://drive.google.com/drive/folders/1w0P2kjDIN80opQgJIZewz4x7Lg0Me9ms

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CBI.BSI.FSB

https://drive.google.com/drive/folders/1bxoljiYW6PelpjFmeg9dXKIuqQiNt90l

3pint.clp

https://drive.google.com/drive/folders/1hUl445vmfDdxpG8wXnsQj4mOSiHDiqnN

———————–

3pint.uk

https://drive.google.com/drive/folders/14tPV82jC1XLK4-Q-Jz5kHemiEUJFdWqu

L+

https://drive.google.com/drive/folders/10BMM4t2_3G_l0S6iOAtmbQuHyjf8bVbW

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