It encompasses the 1 information technology management reform act itmra division e and the 2 federal acquisition reform act fara division d which were signed into law as part of the national defense authorization act for fiscal year 1996. Employees will try to avoid the enforcement of noncompetes in a variety of ways. Information technology management reform act of 1996 wikipedia. The federal government invests billions in information technology it each year to help agencies accomplish their missions. The federal governments increased reliance on information technology was the impetus for enactment of the clinger cohen act. On february 10, 1996, the president signed the information technology management reform. Compensation implications of mergers and acquisitions. Operating synergy types and their impact on postmerger. The 2001 proposed regulations definition of a statutory merger or consolidation, unlike the approach of the 2000 proposed regulations, permits certain statutory mergers and consolidations involving disregarded entities to qualify as statutory mergers and consolidations under section 368a1a.
Fercs horizontal merger analysis in its 1996 merger policy statement, ferc identified three factors it will take into account in analyzing proposed electric utility mergers. Proposed merger reforms effects on ferc analysis law360. Clinger cohen act of 1996 4 clingercohen act of 1996 short title this act may be cited as the national defense authorization act for fiscal year 1996. Federal register statutory mergers and consolidations. Information technology management reform information technology management reform act of 1996 title li sic. Capitalized terms have the same meanings defined in your letter.
Clinger cohen act of 1996 4 clinger cohen act of 1996 short title this act may be cited as the national defense authorization act for fiscal year 1996. What is the clingercohen act, and how does it affect. Sep 15, 2011 the federal government invests billions in information technology it each year to help agencies accomplish their missions. Corporate law authority notifications islamabad the 8th february, 1996 s. Based on the facts presented, the divisions views are as follows. Two reference cycle expansions, unaccompanied by a strong upswing in stock prices, were marked by. Pdf merge combinejoin pdf files online for free soda pdf. How the clingercohen act continues to ripple through. Given the longstanding challenges the government faces in managing it and the continued importance of.
A glance at any business newspaper or business news web page will indicate that mergers and acquisitions are big business and are taking place all the time. The modern era of federal it can be traced to one landmark event. Multiagency contracts macs are task order or delivery order contracts established by one agency for use by other government agencies to obtain a variety of supplies and services. Together with the federal acquisition reform act of 1996, it is known as the clingercohen act. S it appears that merger expansion was not only a phenomenon of prosperity, but that it was also closely related to the state of the capital market. Budget omb designates pursuant to section 5112e of the clingercohen act.
Purpose, underlying policy assumptions and overview. A behavioral theory of the merger carnegie mellon university. Summary of legal aspects of mergers, consolidations, and. Federal law, particularly the clingercohen act of 1996, has defined the role of chief information officer cio as the focal point for it management within agencies. This act may be cited as the health centers consolidation act of 1996. Acquisition and merger process through the eyes of employees. The use of economics in competition law 2005, jan 27, brussels the views expressed herein are not purported to reflect those of the federal trade commission, nor any of its commissioners. The clingercohen act of 1996, originally named the information technology management reform act, updates and defines how the federal government may acquire and dispose of information technology. These guidelines outline the present enforcement policy of the department of justice and the federal trade commission the agency concerning horizontal acquisitions and mergers mergers subject to section 7 of the clayton act, 1 to section 1 of the sherman act, 2 or to section 5 of the ftc act. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. Et boeing, mcdonnell douglas to create largest aerospace firm. The clingercohen act of 1996 is designed to improve the way the federal government acquires, uses and disposes information technology it. Clingercohen act of 1996 and title ii of public law 107347 egovernment act of 2002, 44 u.
Dec 16, 1996 facts about the merger december 16, 1996. Federal law, particularly the clinger cohen act of 1996, has defined the role of chief information officer cio as the focal point for it management within agencies. The law also outline it management duties for some of the under secretaries. An adjunct of this study is the development of a comprehensive, computational model of postmerger integration dynamics. Clinger cohen act of 1996 and title ii of public law 107347 egovernment act of 2002, 44 u. The clinger cohen act of 1996 dod small business programs. Standardization of clingercohen act confirmation don cio memo publish date. The clinger cohen act of 1996 is designed to improve the way the federal government acquires, uses and disposes information technology it.
Valuation for mergers and acquisitions second edition barbara s. In exercise of the powers conferred by section 506 of the companies ordinance, 1984xlvii of 1984 read with finance divisions notification no. To authorize appropriations for fiscal year 1996 for military. This effort fulfills it workforce management requirements set forth in subtitle iii of title 40 of the united states code u. Many organizations reserve a pool to fund mergerrelated retention incentives. General authority repeals the brooks automatic data processing act, which authorizes and directs the gsa administrator to. Mergers and acquisitions motives jrisy motis 1 toulouse school of economics ehess gremaq and university of crete jrissy. Examples disclosed in public filings related to large acquisitions appear in table 1. The information technology management reform act of 1996 public law 104106, statute 186 has played a critical role in the development and evolution of federal security actions, activities, and statutes. Commissions merger policy under the federal power act. The economy act does not apply to orders under gwacs. Given the increasing amount of merger activity, any insights that promote a greater understanding.
The first involved a conglomerate transaction, which the courts and agencies have not found objectionable under the clayton act in several decades. The clingercohen act and the homeland security act of. Itmra together with the federal acquisition reform act became knownas the clingercohen act. Information technology management reform act of 1996 division e. Responsibility for acquisitions of information technology subtitle a. I propose a categorization of such motives based on the residual. Guidance on substantive merger control bundeskartellamt. Congress passed the clingercohen act in 1996 to instill privatesector it management best practices in federal agencies. In an effort to standardize the content of clingercohen act cca confirmation packages, and to simplify the cca preparation effort for program managers, this memo was released to clarify what the standard cca confirmation package should look like.
They can be horizontal deals, in which competitors are combined. Summary of legal aspects of mergers, consolidations, and transfers of assets the duty that is most pertinent to the approval of mergers and consolidations, however, is the duty of care. This study is a case study about acquisition and merger process, which took place in february 2014, when company x name changed bought three magazines and 42 employees were transferred from company y name changed. Subpart i of part d of title iii of the public health service act 42 u. July 9, 2014, an employee was able to avoid his noncompete because he signed a subsequent restrictive covenant agreement which did not contain a noncompete, but which contained a merger clause. One of the most important provisions of the law requires the. What is the clinger cohen act, and how does it affect people with disabilities. Emerging theories of competitive harm in merger enforcement a. Operating synergy types and their impact on postmerger performance lennart horst michael junge anr 791051 master of science finance supervisor. The clingercohen act supplements the information resources management policies by establishing a comprehensive approach for executive agencies to improve the acquisition and management of their information resources, by.
Mergers and acquisitions are usually, but not always, part of an expansion strategy. Pdf the impact of the telecommunications act of 1996 in the. Those amendments make changes to the procedures for seeking approval of the merger or consolidation of new york notforprofit corporations. The smarter act and its impact on federal merger enforcement.
Operating synergy types and their impact on post merger performance lennart horst michael junge anr 791051 master of science finance supervisor. Clingercohen act compliance department of navy chief. Mergers and acquisitions edinburgh business school. The clingercohen act of 1996 is designed to improve the way the federal government acquires, uses and disposes information technology. A preliminary or tailored economic analysis is a concise tool for making a recommendation to a decision maker without going through the effort of a full. Soda pdf merge tool allows you to combine two or more documents into a single pdf file for free. Budget omb designates pursuant to section 5112e of the clinger cohen act. The division will not recommend enforcement action to the commission if, in reliance on your opinion that registration is not required, jci, holdco and mergersub effect the merger in compliance with section 180. In light of the trend towards mergers and the reported high rate of failure, it seems that organizational leadership during the merger experience is an important consideration. Although they did not know it at the time, the vision thencongressmen william clinger and william cohen set forth would guide government technology for more than two decades and lay the groundwork for innovation that continues today. The federal governments increased reliance on information technology was the impetus for enactment of the clingercohen act. Along with globalization, merger and acquisition has become not only a method of external corporate growth, but also a strategic choice of the firm enabling further strengthening of core competence. To view the pdf you will need acrobat reader, which may be downloaded from the adobe site. The effect of mergers and acquisitions on the performance of.
This law, better known as the clinger cohen act cca, provided or included the following. Information technology management reform act of 1996. The united states code is meant to be an organized, logical compilation of the laws passed by congress. The telecommunications act of 1996 is arguably the single most important piece of legislation since the communications act of 1934, one that affects the telecommunications industry, consumers, and. Economic analysis types and requirements preliminary and tailored eas. The clinger cohen act of 1996, originally named the information technology management reform act, updates and defines how the federal government may acquire and dispose of information technology.
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