Competition Merger Review for Cross-border Mergers and Acquisitions in Indonesia

This article aimed at expressing ideas on a legal construction of competition merger review (CMR) on Cross-border Mergers and Acquisitions (CBM&A) that have Indonesian legal dimension. The problem has been triggered by the lack of CMR guidelines for CBM&A to nurture a fair and sustainable business competition (FSBC). Consequently, the existing guideline is inadequate for reviewing CBM&A proposals which have a multi-jurisdiction dimension character. As a result, merging (gigantic) companies doing business in Indonesia have enormous opportunities to engage in anti-competitive behavior in the domestic market. In its turn, it brings the impact of reducing competition itself whereby national companies become easily marginalized and find themselves in a vulnerable situation. To seek solutions to this problem, this research has been conducted through a normative approach, starting from the formulation of the problem up to an in-depth analysis and drawing conclusions. In order to achieve the said purpose, a literature study was conducted to explore and collect related law information on CBM&A, including CMR methods, namely: Market Dominance Test, Substantial Lessening of Competition/SLC Test, Public Interest Test, and four hybrid Tests: i) Hybrid Test One=SIEC Test; ii) Hybrid Test Two; iii) Hybrid Test Three; and Hybrid Test Four). Out of these seven methods of CMR, I consider to choose the SLC Test as the method for reviewing CBM&A proposal. At the end, this study concludes as follows: 1) there is an urgent need for CMR in the methods of SLC Test for cross-border merger and acquisition proposals in order to fill the absence of a merger review guideline that contains a multi-jurisdiction dimension and to nurture a fair and sustainable business competition in Indonesia; 2) the substantive norms for constructing CMR in the methods of SLC Test for CBM&A transactions in Indonesia should take into account the national law regime: company law, merger law, investment law including the existing public interest. In addition to that, the principles of certainty, efficiency, transparency, and proportionality should also be considered. Thus, I recommend to enact a SLC Test Guideline in order to strengthen the legal review of CBM&A proposals for supporting FSBC, to maintain dynamic, secure, and stable national economy and development

Johns Hopkins University News-letter, Volume 75, Number 46 (1971 April 27)

Digital content from the Johns Hopkins University News-letter records, RG.14.050

The Public Face of the \u27Litigation State:\u27 Federal Empowerment of Litigation by State Governments

Scholars have recently begun exploring the construction of what Sean Farhang has termed the “litigation state” – namely, the distinctly American way in which contemporary federal programs are enforced by means of litigation. The attention in this literature to date has focused on why Congress has encouraged private litigation to enforce various statutory programs. This paper examines the emergence of a related and no less important development – the federal government’s encouragement of state government litigators to help enforce federal regulatory programs, especially state attorneys general ( AGs ). Examining several decades’ worth of congressional actions, court decisions, and federal administrative initiatives that have empowered state AGs, this paper explores how and why Congress and other federal institutions have placed increasing reliance on state AGs to enforce federal law. This question has become important not only because this federal empowerment has been a major driver of the prominent regulatory role state AGs have taken on in recent years, but because the political dynamic concerning state litigation differs from other aspects of the litigation state

Gettysburg: Our College\u27s Magazine Spring 2014

Table of Contents: Agriculture the Aperture, Global the View (Rebecca Croog, \u2714) What Is Your Passion? Professor Hakim Mohandas Amani Williams What Makes A Great... Zoo? Anne Elefterakis ’99 First Academic All-Americans: Men\u27s Soccer (Andrew Bellis ’14 and Devin Geiman ’14) Public Information Public History (David Fort ’00), Macy Collins \u2714 Sports Illustrated: 5 Questions for SI\u27s Publisher (Brendan Ripp ’99) Leap of the Century (Howard Bostock ’18), Corey Jewart Students Research the Origins of Autism, Samantha Gagliano ’14 Lured by the Lore of the West, Kasey Varner ’14 Immersed in Environmental Policy East Meets West Gifts That Made Gettysburg What It Is Today Working Space (President Janet Morgan Riggs ’77) What Makes Gettysburg Great Class Noteshttps://cupola.gettysburg.edu/gburgmag/1000/thumbnail.jp

Schuylkill Energy v. PA Power & Light Co

USDC for the Eastern District of Pennsylvani