Lessons from the Backyard of the EUMR: The Hyma Plastic Case in Egypt
E.C.L.R, pp. 445-449, Issue 10, Vol. 33, 2012
5 Pages Posted: 18 Oct 2012 Last revised: 4 Jan 2015
Date Written: August 31, 2012
Abstract
There is an increasing need for the adoption of a comprehensive merger control system in Egypt. In a judgement, the Administrative Court established legal basis for future intervention to control mergers and acquisitions. In this respect, the ECJ judgement in BAT and Reynolds where it was ruled that Article 101(1) may be applied in cases of acquisition of shares in another company is quite interesting.
This article explores the ruling of the Egyptian court, its binding legal nature and the resemblances and differences with the EU history. It is argued that if the Egyptian Competition Authority benefits from this established legal basis, it can push forward a merger control proposal in a very similar method like that of the European Commission.
Keywords: Mergers, Egypt, Competition, Administrative Court, EUMR, Competition Authority, Competition Law
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