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Perhaps one of the most successful exports from the United States has been the adoption of mandatory pre-merger competition notification regimes in jurisdictions throughout the world. China and India have just implemented comprehensive pre-merger review laws, and although their entry into this forum is recent, it is likely that they will become significant constituencies for transaction parties to deal with when trying to close their transactions.
Given the ability of most competition agencies with pre-merger notification laws to delay, and even block, a transaction, it is imperative to take each jurisdiction – small or large, new or mature – seriously. Differences between regimes necessitate careful consideration when advising clients on a particular transaction. Thus, it is critical from the outset for counsel to develop a comprehensive plan to determine how to navigate the jurisdictions requiring notification, even if the companies operate primarily outside some of the jurisdictions. This book should provide a useful starting point in this important aspect of any cross-border transaction being contemplated in the current enforcement environment.
Including an overview of the process as well as an indication of recent decisions, strategic considerations and likely upcoming developments in 45 jurisdictions as well as a specialist chapter on international merger remedies, The Merger Control Review provides insights valuable to both in-house and outside counsel involved in the competition review of cross-border transactions.