ICN Home About Members Document Library Working Groups News and Events Contact

The complete set of 13 ICN Recommended Practices on Merger Notification & Review Procedures (RPs) were adopted five years ago. More than half of ICN members with merger control have made or proposed changes that bring their merger regimes into closer conformity with the RPs. The Practices have served as an impetus for legislative and internal agency change in many ICN member jurisdictions, including the European Commission, Czech Republic, Mexico, and Korea, among many others. They have been cited in legislative history as a rationale for change in countries like Germany, in press releases announcing changes as in Australia, and in comments from members, bar associations, and other groups supporting change in ICN member jurisdictions like India, and non-member jurisdictions like China. Convergence toward these internationally recognized practices has brought, and continues to bring, greater consistency, efficiency, and effectiveness to the multijurisdictional merger review process, benefiting agencies, merging parties, and consumers across the globe.

The Recommended Practices address: (1) nexus between the merger’s effects and the reviewing jurisdiction; (2) clear and objective notification thresholds; (3) timing of merger notification; (4) merger review periods; (5) requirements for initial notification; (6) conduct of merger investigations; (7) procedural fairness; (8) transparency; (9) confidentiality; (10) interagency coordination; (11) remedies; (12) competition agency powers; and (13) review of merger review provisions.

The ICN’s Merger Notification & Procedures (N&P) subgroup prepared several documents aimed at facilitating implementation, including an implementation report that provides information on overcoming barriers to implementation and facilitating reform efforts; a handbook with examples of legislative provisions, guides, statements and notices, and press releases that conform to selected Recommended Practices; and papers on setting notification thresholds (with a tip sheet), defining merger transactions, and initial information requirements. The subgroup also has on-going projects that monitor ICN member conformity with the RPs, and continues to promote implementation through ICN workshops and teleseminars.

The N&P subgroup also has worked with several members developing new or revising existing merger review laws and regulations. The subgroup invites ICN members to contact the group with questions regarding the conformity of their merger review systems with these Recommended Practices. We also would appreciate hearing from members if your agency has used the RPs to make changes to your merger review procedures.


Comments are closed.