Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The United States and the European Union may not agree on everything, but now they’ll be a lot closer on the subject of antitrust review. In November, regulators from both sides of the Atlantic adopted a set of guidelines for coordinating merger investigations. The accord calls for officials at the U.S. Department of Justice, the Federal Trade Commission, and the European Commission to apprise each other of major developments in merger investigations. Companies will also have the chance to confer jointly with American and European investigators. The agencies also vow to share public documents and their analysis of market definition, efficiencies, and competitive harms. In addition, they pledge to coordinate their requests for deal data and documents. On the topic of regulatory remedies, the agencies promise to seek solutions that would not create competition problems in markets outside their jurisdiction. They also urge companies to coordinate remedy discussions with the U.S. and Europe. The agreement calls for better communication between Washington, D.C., and Brussels, and each side agrees to notify the other as soon as a major cross-border deal is filed. Additionally, senior officials will establish a schedule of regular consultations at the start of an investigation. Whether companies will take advantage of the accord is unclear. Steven Newborn, a partner in the D.C. office of London’s Clifford Chance, says that only companies involved in the biggest mergers — those certain to get attention from both E.U. and U.S. authorities — would want to coordinate reviews. “Sometimes you don’t want to call attention to your deal,” he explains.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.