Report on Country Experiences with the 2005 OECD Recommendation on Merger Review / OECD.

Format:

Book

Author/Creator:

Organisation for Economic Co-operation and Development, author, issuing body.

Language:

English

Subjects (All):

Consolidation and merger of corporations--Law and legislation.

Consolidation and merger of corporations.

Physical Description:

1 online resource (84 pages)

Place of Publication:

Paris : OECD Publishing, 2013.

Summary:

In 2005 the OECD Competition Committee adopted a Recommendation on Merger Review, which aims to contribute to greater convergence of merger review procedures. This report, approved in 2013, reviews the experiences of the Member and non-Member countries with the Recommendation.

Contents:

Foreword 3

1 Introduction 7

2 The 2005 Recommendation on Merger Review 9

2 1 A brief overview of the main provisions in the Recommendation 9

2 2 The role of the Recommendation in the

development of merger control internationally 11

3 Notification and review procedures 13

3 1 Notification criteria and jurisdiction 14

3 2 Information requirements and other burdens on merging parties 21

3 2 1 Notification forms 21

3 2 2 Pre-notification meetings 26

3 2 3 Expedited or simplified procedures 26

3 2 4 Translation costs and filing fees 27

3 3 Timing and review periods 27

3 4 Review procedure and procedural fairness 31

3 5 Transparency 34

3 6 Special rules on foreign firms 38

4 International Co-ordination and Co-operation 39

4 1 Legal instruments facilitating co-operation 39

4 2 Sharing of confidential information 44

4 3 Co-ordination of merger review 47

5 Resources and Powers of Competition Authorities 50

6 Periodic Review 52

7 Other developments in the area of merger control 54

7 1 Convergence on the substantive criteria

for the assessment of mergers 55

7 2 The increased reliance on economic analysis to assess

likely anti-competitive effects 60

7 3 Recent trends in merger remedies 63

8 Areas of possible further discussion

at the OECD Competition Committee 70

8 1 The notion of "merger" for merger control purpose 70

8 2 International co-operation in the design,

enforcement and monitoring of remedies 73

Annexes

Annex I Recommendation of the Council on merger review 75

Annex II List of roundtable discussions in the merger area (1996 - 2011) 81.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

92-64-68902-8