Contents
Multi-market mergers and a probabilistic approach under the anti-merger statutes of the U.S. and Korea / 張勝和 1
1. Introduction 1
2. A Probabilistic Approach: Probability Theory and Its Qualification 4
2.1. The Motivation for A "Probability Approach" 4
2.2. The Content of A Probabilistic Approach 5
2.3. The Premise of the Probabilistic Approach 7
2.4. The Conditions for A Probabilistic Approach 14
2.5. Consequences of The Probabilistic Approach 21
2.6. Conclusion: The Merits of A "Probabilistic approach" 24
3. The Response to Criticisms of The Probabilistic Approach 26
3.1. Impracticable Calculation 26
3.2. Cumulated Benefits 28
3.3. Consistent Claims 33
3.4. Rule inclusiveness 33
3.5. Conclusion 36
4. Balancing Multi-Market Effects and Partial Relief 36
4.1. Are Anti-Competitive Effects In One Market Sufficient To Condemn The Merger? 37
4.2. Can An Anti-Competitive Effect In One Market Be Redeemed By A Pro-Competitive Effect In A Different Market? 39
4.3. Partical Relief 46