Assess the importance of the counterfactual in merger assessment Essay

Assess the impressiveness of the counterfactual in nuclear fusion assessment - Essay ExampleHowever, not all mergers and acquisitions have been allowed to prevail particularly if it is found to prevent, restrict and distort competition and more importantly, if it would create or strengthen overriding position. Mergers or acquisitions are therefore assessed if it would significantly impede effective competition for being anti-competitive or strengthens potentialitythus an inquiry shall be made by the competition authorities to determine its impact on the market whether competition is still functioning effectively despite the merger or acquisition and the equivalent is beneficial to the public in general. Competition laws to regulate merger and/or acquisition activities were legislated amongst the Member States of the European Union2 while Member States were mandated to enact national competition laws3 to synchronize the procedures to be followed in determining the daring of the merger and/or acquisition as well as to evaluate if the mergers and/or acquisitions are in accordance with the competition standards that encourage healthy competition and more importantly, do not significantly lessen competition. ... The primary problem of this paper is to determine whether it is necessary for the competition authorities in the conduct of its investigation to allow or reject merger and/or acquisition to make assumptions and go beyond the facts and fortune submitted by the merging entities to determine whether market competition is in force? It shall likewise be the task of this paper to determine the feasibility of making the hypothesis and the resulting conclusion as basis for sustaining or rejecting mergers or acquisitions? Furthermore, it shall be the task of this paper to determine if counterfactuals are indeed imperative to adjudge if a merger or acquisition significantly lessens competition (SLC) or not? And lastly, to determine whether the use of hypothe sis or counterfactual circumstances to support an anti-competitive finding is congruent with the general legal precepts that decisions should be based on actual facts availing and as supported by evidence. Before this paper shall tackle the import of counterfactuals in adjudicate competition issues, it is necessary to revisit the historical and legal perspective of competition edicts including the jurisprudential pronouncements of both the European Courts of Justice (ECJ) and the national courts so that the spirit and letter of these legislations may be understood and applied decent in arriving at a logical conclusionwhether it is indeed beneficial or futile in competition analysis. State intervention on matters relating to the conduct of business is not a new concept. below this jurisdiction, the general rule is that freedom to trade or conduct business cannot be curtailed or subdued unless the transaction is fraught with unreasonable