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Goldman Sachs v Commission: The Liability of Financial Investors for the Sins of Their Portfolio Companies (C-595/18 P Goldman Sachs) journal article

Andre Fiebig

European Competition and Regulatory Law Review, Volume 5 (2021), Issue 2, Page 156 - 161

Case C-595/18 P The Goldman Sachs Group, Inc. v European Commission, Judgment of the Court of Justice of the European Union (Second Chamber) of 27 January 2021 The jurisprudence of the EU Courts in reconciling corporate law doctrines on parent company liability with EU competition law doctrines has developed mostly in the context of strategic investors. The increase in financial investors in the last decade has forced the EU Courts to adapt the earlier jurisprudence to situations where the parent company is primarily interested in the financial performance of the subsidiaries rather than the daily operations. Goldman Sachs v Commission represents another step in the attempt to develop clear rules for when the anti-competitive conduct of portfolio companies can be imputed to their financial investors. Unfortunately, the case failed to provide such needed guidance.


Cross-border Mergers: journal article

A Missed Opportunity and Ways to Improve the Procedure

Mateusz Brzeziński

European Competition and Regulatory Law Review, Volume 3 (2019), Issue 3, Page 280 - 293

The freedom of establishment gives the opportunity to do business in any European Union Member State. To facilitate and improve this possibility, the EU legislator has adopted rules on cross-border mergers. Despite the growing popularity of cross-border mergers, conducting this type of merger, especially if it concerns a larger number of companies from different jurisdictions, is not an easy or quick process. This may be due to the fact that there are many obstacles to cross-border mergers. Although a cross-border merger requires a lot of organisational efforts and overcoming of many hurdles, companies that have decided to consolidate in accordance with the described mechanism might confirm that the economic benefits that can be achieved as a result are worth it. Keywords: Cross-border Mergers, Companies, High-Tech, Procedure

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