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The failing firm defence (FFD) has arisen infrequently in merger cases but is expected to be used more frequently in the current economic climate. The FFD exists in most OECD jurisdictions and exempts an otherwise anticompetitive merger from challenge under the competition laws if the target company is in such poor financial condition that its only other option would be to exit the relevant market. This proceedings includes elements
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This paper discusses the impact of the crisis on defined benefit (DB) pension schemes and the temporary responses taken by regulators to help ease financially strained plan sponsors. It presents suggestions to governments and policy makers for making funding regulations more counter-cyclical in nature. Such measures could strengthen the security of DB benefits and help to maintain DB plans for future workers.
South Africa should step up its efforts to detect, investigate and prosecute cases of bribery in international business deals, according to a new report by the OECD’s Working Group on Bribery.
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Government-guaranteed bank bonds have been an effective tool in avoiding the worst during the financial crisis. However, the pricing of the guarantees has created competitive distortions and the continued availability of such guarantees into 2010 may have reduced the pressure on some banks to address their weaknesses.
The journal is a unique resource for competition experts. It provides insight into the thinking of competition law enforcers while focusing on the pratical application of competition law and policy.
While pension funds have strengthened with the financial market rebound, OECD data show that pension fund assets in most countries have yet to recover to pre-crisis levels. Public pension reserve funds, however, have now fully made for their crisis-related losses due to more conservative investment strategies.
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While pension funds have strengthened with the financial market rebound, OECD data show that pension fund assets in most countries have yet to recover to pre-crisis levels. Public pension reserve funds, however, have now fully made up for their crisis-related losses due to more conservative investment strategies.
Since the Asian financial and economic crisis of the late 1990s, insolvency reform has been one of the main items on policy agendas in the region. In the wake of the crisis, corporate restructuring and re-organisation was delayed by a lack of effective insolvency procedures. Although having made considerable efforts to reform their insolvency regimes, many countries still lack essential elements for an insolvency framework, while
The 2010 OECD Corporate Responsibility Roundtable launched an update of the Guidelines for Multinational Enterprises with discussions focusing on supply chains, human rights and evironment and climate change.
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This working paper, the 2010 update of the FDI Restrictiveness Index (FDI Index), expands the sectors covered and revises the way in which FDI measures are scored and weighted.