Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Thursday, January 8, 2009

A Record 110 Countries and 115 Jurisdictions Now Regulate Mergers Through Antitrust Laws

Posted by D. Daniel Sokol

From the White & Case press release:

A record 115 jurisdictions worldwide now regulate mergers and acquisitions, according to a new survey by global law firm White & Case LLP. Since 1996, White & Case has surveyed worldwide antitrust merger notification requirements.  The 2009 White & Case survey, Worldwide Merger Notification Requirements, covers 217 jurisdictions around the world and has just been published by Aspen Publishers/Wolters Kluwer. The 115 jurisdictions include a record 110 separate countries with merger control laws, as well as regional merger control regimes such as the EC and COMESA. This is a substantial increase over the 68 jurisdictions identified in the 2004 White & Case survey.  Furthermore, the 2009 survey notes that Hong Kong, Kyrgyzstan, and Paraguay are expected in the near future to adopt new competition regulations. “We have witnessed an explosion in merger regulation across the globe over the past 15 years,” said J. Mark Gidley, head of White & Case’s global Antitrust Practice Group and co-editor of the survey said.  “This mega-trend has been fueled by globalization, the rise of the so-called BRIC countries, outreach efforts by US and EU enforcement officials, and a desire by more and more governments to adopt antitrust laws as a means of regulating commerce.” “The growth and modernization of merger control regimes continues to place pressure on global corporations and their antitrust advisors,” noted George L. Paul, a White & Case partner and co-editor of the survey.  “China and India are two notable additions to the roster of active jurisdictions that will have a major impact on many international transactions, and the enlargement of the European Union shows that even the established competition regimes remain dynamic.”

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