Antitrust & Competition Policy Blog

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

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Wednesday, April 11, 2012

Cooperation between National Competition Authorities in the EU in Multijurisdictional Merger Cases—the Best Practices of the EU Merger Working Group

Posted by D. Daniel Sokol

Andreas Bardong, Bundeskartellamt discusses Cooperation between National Competition Authorities in the EU in Multijurisdictional Merger Cases—the Best Practices of the EU Merger Working Group.

ABSTRACT: With the Best Practices, national competition authorities (‘NCAs’) and the European Commission intend to enhance cooperation between NCAs in multijurisdictional merger cases.

In addition to NCAs it is also the merging parties that can facilitate cooperation, in particular by providing waivers of confidentiality and by timing their notifications in a way that NCAs can investigate the case in parallel.

In the consultation, the draft document was welcomed by most commentators—but many issues were raised, including the treatment of confidential information, burdens on merging parties, cooperation during pre-notification, designation of a lead authority, and referrals.

http://lawprofessors.typepad.com/antitrustprof_blog/2012/04/cooperation-between-national-competition-authorities-in-the-eu-in-multijurisdictional-merger-casesth.html

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