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What types of conduct may amount to 'refusal to deal' in merger assessment?

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Question added by Maureen Banda , Director - Legal and Corporate Affairs , Competition and Consumer Protection Commission
Date Posted: 2015/09/24
Uttam Kumar Verma
by Uttam Kumar Verma , General Manager Finance , Binani Industries Limited

There are various reason and differ form transaction to transaction. Tough negotiation by the acquirer mainly due to fact finding report. Regulatory issues . Post acquisition scenario and claim to be factor in Draft Share Purchase Agreement 

Mahmoud Shmaiseh
by Mahmoud Shmaiseh , Site civil Engineer , Tajco

There are multiple reasons for the same:  To have more market share To have better cost efficiency removing duplicate common cost To have better negotiation terms with supplier       

Panos ALIVIZATOS
by Panos ALIVIZATOS , Sr. Advisor, PE Investments, Corporate Finance & Strategy , National Capital

Refusing  to deal describes a situation in which one firm refuses to sell to another firm, either because it is willing to sell only at a price that is considered too high (or non financial rational for the shareholders of the buying firm) , or is willing to sell only under conditions that are deemed unacceptable (i.e.: create monopolies or limited access to the market for big portion of the population or due to other regulation issues, etc...)

 

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