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Getting Your Multi-National Deal Through Multiple National Competition Authorities - Chapter 16 - International Antitrust Law & Policy: Fordham Corporate Law 2004
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International Antitrust Law & Policy: Fordham Corporate Law 2004 - Hardcover International Antitrust Law & Policy: Fordham Corporate Law 2004 - PDF
Preview Page Chapter 16
GETTING YOUR MULTI-NATIONAL DEAL
THROUGH MULTIPLE NATIONAL
COMPETITION AUTHORITIES
Daniel P. Ducore†
Mergers1 that raise possible competitive issues in more than one
country are commonplace, as is review of a single transaction by multiple
competition authorities. These transactions move independently through
the various procedural stages at the national competition authorities, and
the timing and processes often vary among different agencies. It is,
accordingly, more important now than it has ever been for all parties to
understand the procedures and analysis that the competition authorities
will employ as they review a merger. Understanding these procedures
and planning ahead to coordinate your work with the several authorities
will minimize problems that can delay a deal, or worse.2
A number of recent merger matters have been settled at the Federal
Trade Commission (FTC) simultaneously with the parties reaching
commitments with the European Commission (EC) and with other
national competition authorities. The purpose of this paper is to offer a
personal perspective of that process. These views are based in part on
those experiences and are presented in two main parts. The first part
discusses some overall considerations that apply in virtually all multiagency
merger negotiations, with a discussion of special issues raised by
intellectual property divestitures. Following is a discussion of two recent
settlements, presenting how the different authorities handled t
About the Editor:
Barry Hawk, Director, Fordham Corporate Law Institute; Professor of Law, Fordham University and Partner, Skadden Arps Slate Meagher & Flom (New York and Brussels)
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