Failing Firm Defense: General Ideas About the Figure’s Regulation in Compared Law and it’s Appliance in Colombia
By Diana Hernandez (Universidad Externado de Colombia)
The failing firm defense is an Anglo-Saxon creation conceived almost a century ago. This conception has been conceived in order to support the fusion integration of companies in financial crisis with others in solving situation, even if its operation from the competence defense right perspective, generates dominance situations, or is objected by the fair competence authorities.
Not only the United States of America but the European Union elicited doctrines, jurisprudences, and statements that have embodied the figure of failing firm defense, but its treatment was not pacific or simple. The reach of these has generated significant controversies regarding concepts and “traditional” regulations such as monopolies, abuse of domain position, and limits between judicial liquidation, corporate reorganization and the principle of conservation of companies.
Despite the importance of this figure as well as the scenario where it can be applied, there is no pronouncement in Colombia about the opportunity, the use and the boundaries of this figure. For this reason, the aim of this study is to present the current situation of the failing firm defense at the systems in which it is regulated, in order to review its effectiveness as well as provide tools of analysis that allow a potential study and development of this topic in our country.
Download Full Article: HERE
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
UK Regulator Puts Brakes on £762 Million Logistics Merger Amid Competition Fears
Nov 3, 2024 by
CPI
Nvidia’s Acquisition of AI Startup Run.ai Faces EU Antitrust Review
Nov 3, 2024 by
CPI
Voters Across US to Decide on Landmark Gig Economy Issues on November Ballots
Nov 3, 2024 by
CPI
Court Gives Green Light to $110M Deal in Real Estate Commission Dispute
Nov 3, 2024 by
CPI
Mexico’s First-Ever Class Action Targets Pharma Giants for Price Fixing
Nov 3, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Remedies Revisited
Oct 30, 2024 by
CPI
Fixing the Fix: Updating Policy on Merger Remedies
Oct 30, 2024 by
CPI
Methodology Matters: The 2017 FTC Remedies Study
Oct 30, 2024 by
CPI
U.S. v. AT&T: Five Lessons for Vertical Merger Enforcement
Oct 30, 2024 by
CPI
The Search for Antitrust Remedies in Tech Leads Beyond Antitrust
Oct 30, 2024 by
CPI