Recommendations on merger control

Why are ICC’s recommendations on merger control relevant? 

Over the past 40 years, a growing number of countries have adopted merger rules to examine the impact of mergers on competition and ensure the functioning of their markets. This unprecedented development has been spurred by recommendations from the Organisation for Economic Cooperation and Development and the International Competition Network.  

As more jurisdictions establish merger control regimes, inconsistencies and procedural issues have emerged. Emphasising the importance of clear guidelines, ICC addresses these challenges by providing a comprehensive framework and recommendations for improving merger control practices.  

The recommendations cover key areas such as the concept of reportable mergers, notification thresholds, simplified forms, funding of antitrust agencies, guidelines and gun jumping fines. 

They aim to  

• enhance predictability, 
• reduce costs, 
• ensure effective enforcement,  
• promote consistency at a global level and 
• reduce administrative burdens.  

What makes ICC’s recommendations on merger control unique? 

The recommendations are the result of a cooperative and inclusive effort involving nearly 200 ICC in-house counsel, private practitioners from 20 key jurisdictions and several antitrust agencies providing feedback.  

The broad representation included in the country annex ensures that the recommendations reflect a global perspective and consider the needs and challenges faced by companies operating across borders. 

ICC underscores the importance of continued collaboration among companies, lawyers and antitrust agencies to pursue the following shared goals:  

• ensure that transactions are reported in jurisdictions where they might have an impact on competition;  
• secure and dedicate resources that are proportionate to the issues at stake in an individual case;  
• enhance predictability and legal certainty with clear legal tests and consistent sanctions. 

Who are the recommendations on merger control for?  

• companies, private practitioners, and antitrust agencies involved in merger transactions;  
• companies engaged in cross-border transactions involving multiple merger control jurisdictions; 
• antitrust agencies seeking insights and proposals for streamlining processes and achieving more effective enforcement 

Should you have any further questions, contact us.