Wednesday 3 January 2018

Business Combinations

business combinations

 

A business combination will transform legally and economically independent companies into larger business entities. As a result, the economic and legal independence of individual companies can be lifted. But it is also a loose cooperation without loss of independence of individual companies conceivable.



An overview of the forms of business combinations


merger results in a merger of several independent companies. This merger can take place, for example, in the following form:




  • through the formation of a cartel

  • through the formation of a group

  • by entering into a merger

  • through the formation of an association

  • through the formation of a community of interest

  • through the formation of an occasional society

  • through the formation of a joint venture


In all these forms of business combinations, there are certain special features. In a merger in the form of cooperation, such a form of the merger is, for example, in a community of interests, the merged companies remain legally independent and lose their economic independence is not complete.


By contrast, a merger in the form of concentration leads to the loss of the economic independence of individual companies.Legally, companies, if, for example, a corporation should be formed, can remain independent. Likewise, it is also possible that the individual companies lose their legal independence. This is the case, for example, when a merger is entered into.

The legal aspects of a business combination


Business combinations can give businesses an economic advantage. In some cases, a merger gives companies the opportunity to acquire a dominant position. To prevent this, German competition law provides for restrictions on business combinations.More detailed information on the restrictions can be found in Germany in the Law against Restraints of Competition.


Business combinations can give businesses an economic advantage. In some cases, a merger gives companies the opportunity to acquire a dominant position. To prevent this, German competition law provides for restrictions on business combinations.More detailed information on the restrictions can be found in Germany in the Law against Restraints of Competition.

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