Companies about to engage in mergers involving broad global markets face an initial series of thorny jurisdictional questions: How far does the merger review authority of the U.S. antitrust agencies reach? How will the agencies approach a transaction that presents a truly worldwide product market? To what extent should (or must) the agencies limit their focus to the U.S. effects of the transaction?

The U.S. antitrust authorities at the Department of Justice and Federal Trade Commission tend to analyze global merger transactions from a worldwide perspective whenever possible. This approach guarantees that the agencies will address any possible competitive threats to U.S. citizens. It also grants the agencies considerable leverage in negotiating potential settlements with the merging parties.

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