Merger Control: Key International Norms and Differences

INTERNATIONAL RESEARCH HANDBOOK ON COMPETITION LAW, Ariel Ezrachi ed., Edward Elgar, 2012

36 Pages Posted: 9 Jan 2012  

D. Daniel Sokol

University of Florida - Levin College of Law; George Washington University Law School Competition Law Center

William Blumenthal

Clifford Chance LLP

Date Written: January 8, 2012

Abstract

More than ninety jurisdictions have some form of merger control regime under their antitrust or competition laws. Numerous other jurisdictions lack a formal merger control mechanism, but reserve the right to review and challenge mergers under their general competition laws, sector-specific laws, or regional trade agreements. Observing the substantive approaches to merger analysis across jurisdictions, one sees many commonalities, but also some important areas of variation. The procedural approaches across merger control regimes are even more varied.

This chapter seeks to identify and catalog the key substantive and procedural norms and differences in various systems, to provide a sense of the direction of the academic scholarship on various issues and to offer some analytical underpinnings for optimal merger enforcement based on the reality of merger control in recent years. We conclude with suggestions regarding the future direction of merger control.

Keywords: antitrust, mergers, merger control, competition law, international antitrust, comparative antitrust

JEL Classification: K21, L49, G34

Suggested Citation

Sokol, D. Daniel and Blumenthal, William, Merger Control: Key International Norms and Differences (January 8, 2012). INTERNATIONAL RESEARCH HANDBOOK ON COMPETITION LAW, Ariel Ezrachi ed., Edward Elgar, 2012. Available at SSRN: https://ssrn.com/abstract=1981794

D. Daniel Sokol (Contact Author)

University of Florida - Levin College of Law ( email )

Spessard L. Holland Law Center
P.O. Box 117625
Gainesville, FL 32611-7625
United States
(352) 273-0968 (Phone)
(352) 392-3005 (Fax)

HOME PAGE: http://www.law.ufl.edu/faculty/d-daniel-sokol

George Washington University Law School Competition Law Center ( email )

200 H Street, NW
Washington, DC 20052
United States

William Blumenthal

Clifford Chance LLP ( email )

31 west 52nd Street
New York, NY 10019-6131
United States
2029125165 (Phone)

HOME PAGE: http://www.cliffordchance.com/about_us/find_people_and_offices/partners/us/william_blumenthal.html

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