Each time a major deal happens, over 120 competition regulators around the globe may take notice – each with its own assessment criteria and its own time frame. Although navigating numerous merger control regimes can seem a challenge for businesses seeking to remain compliant with competition law, increased cooperation and communication between competition authorities is moving us towards a standardization of approach in many areas. The global landscape for merger assessment is constantly shifting, and businesses need to be aware of how both the differences and similarities of approach by authorities worldwide may affect them.
We have identified a number of global trends currently affecting cross-border deals:
- increasingly strict enforcement of notification requirements;
- revival of coordinated effects as a basis for regulatory intervention; and
- stricter standards for remedies to be considered adequate.
For businesses these trends mean that planning transactions ahead of time in order to ensure merger control compliance becomes ever more important.
Originally published in the August 2017 issue of the Competition Policy International Antitrust Chronicle.