Cross-border mergers frequently trigger pre-closing antitrust reviews. Such reviews are complex and can be fraught with risk. With more than 90 countries now having obligatory premerger filing requirements, different substantive and procedural regimes make a multijurisdictional transaction an expensive and time-consuming process.
National competition authorities around the world are becoming more cooperative, moving closer to a "common competition culture." Now that doing business often means doing business globally, preparation for consistent multijurisdictional filings should be a routine part of the overall business strategies developed by companies and their advisers. As a result, organizations involved in mergers and acquisitions need to be aware of new developments taking place in the various merger regimes around the world.
How to Approach Multijurisdictional Merger Control
Please join Mayer Brown partners Julian Ellison and Dr. Jens Peter Schmidt as they discuss how to approach multijurisdictional merger control in 2015.
Issues to be reviewed include:
- Different structures of merger control systems and implications for the transaction
- What triggers merger control? The art of calculating turnover and market shares
- First-cut versus full-blown merger control analysis
- Key features of the key jurisdictions (US, EU, China, Brazil etc.)
- Considerations on “to file or not to file”
- Transactional documents and timing
- Jumping the gun: issues of premature closing