Antitrust Review of Multijurisdictional Mergers: Navigating Complex Clearance Requirements

Managing Cross-Border Pre-Merger Reviews Amid Overlapping Substantive and Procedural Regimes

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Thursday, March 13, 2014

Recorded event now available

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Course Materials

This CLE course will guide counsel in conducting pre-closing antitrust reviews in multijurisdictional mergers. The panel will explain the complexities of the cross-border merger review process, review the growing use of antitrust cooperation arrangements between foreign competition authorities, and consider best practices for managing multijurisdictional reviews.

Description

Pre-merger antitrust reviews of cross-border deals are challenging and time-consuming due to complex, overlapping pre-merger filing requirements among the jurisdictions involved in the deal. More than 90 countries currently have merger control laws and obligatory pre-merger filing requirements in place that govern cross-border M&A deals.

Antitrust counsel reviewing multijurisdictional deals must become familiar with the various jurisdictions' merger review requirements to effectively determine the countries in which a merger transaction is reportable and manage the merger review process.

The U.S. has started negotiating antitrust cooperation agreements with other national competition authorities to facilitate the sharing of information and simplify the merger review process. The implementation of cooperation arrangements is complicated, however, by jurisdictional procedural differences.

Listen as our panel of experienced antitrust attorneys provides their insights on conducting and managing multijurisdictional merger reviews. The panel will discuss recent developments in global merger review regimes, the growing use of antitrust cooperation agreements between jurisdictions, and tactics for antitrust counsel for navigating the complex legal issues that arise in deals involving multiple regulatory compliance and review processes.

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Outline

  1. Multijurisdictional pre-merger antitrust reviews—latest developments
  2. Cooperation agreements between antitrust authorities internationally
  3. Best practices for conducting and managing multijurisdictional reviews

Benefits

The panel will review these and other key questions:

  • What are the key differences between the U.S. and foreign jurisdictions in managing common antitrust clearance issues in mergers, such as market definition, unilateral effects and the like?
  • How are cooperation arrangements among national competition authorities helping to ease the burden of conducting multijurisdictional merger reviews?
  • How can antitrust counsel save time and money in producing the information needed for both the U.S. and foreign jurisdiction approval procedures?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

James W. Lowe
James W. Lowe
Partner
Wilmer Cutler Pickering Hale and Dorr

Mr. Lowe is a Partner in the firm's Regulatory and Government Affairs Department, and a Member of the...  |  Read More

Hartmut Schneider
Hartmut Schneider
Partner
Wilmer Cutler Pickering Hale and Dorr

Mr. Schneider is a U.S. and German-qualified lawyer who practices antitrust law primarily before U.S. agencies and...  |  Read More

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