The Merger Control Review - Edition 2
The adoption of mandatory pre-merger competition notification regimes is continuing in jurisdictions throughout the world. China and India have just implemented comprehensive pre-merger review laws, and although their entry into this forum is recent, it is likely that they will become significant constituencies for transaction parties to deal with when trying to close their transactions.
Given the ability of most competition agencies with pre-merger notification laws to delay, and even block, a transaction, it is imperative to take each jurisdiction – small or large, new or mature – seriously. Differences between regimes necessitate careful consideration when advising clients on a particular transaction. Thus, it is critical from the outset for counsel to develop a comprehensive plan to determine how to navigate the jurisdictions requiring notification, even if the companies operate primarily outside some of the jurisdictions. This book should provide a useful starting point in this important aspect of any cross-border transaction being contemplated in the current enforcement environment.
Including an overview of the process as well as an indication of recent decisions, strategic considerations and likely upcoming developments in 43 jurisdictions, The Merger Control Review provides insights valuable to both in-house and outside counsel involved in the competition review of cross-border transactions.
About the Editor
Ilene Knable Gotts is a partner in the New York City law firm of Wachtell, Lipton, Rosen & Katz, where she focuses on antitrust matters. Mrs Gotts is regularly recognised as one of the world’s top antitrust lawyers, including being recognised in the 2006, 2007 and 2008 editions of The International Who’s Who of Business Lawyers as one of the top 15 global competition lawyers; in the first-tier ranking of Chambers USA Guide, and the ‘leading individuals’ ranking of PLC Which Lawyer Yearbook. Mrs Gotts is currently the chair-elect of the American Bar Association’s Section of Antitrust Law, having previously served in a variety of leadership positions, including as the international officer. From 2006 to 2007, Mrs Gotts was chair of the New York State Bar Association’s Antitrust Section. She is currently a member of the American Law Institute. Mrs Gotts is a frequent guest speaker, has had over 130 articles published on antitrust-related topics, and was the editor of the second and third editions of the ABA’s Merger Review Process Handbook. She is a member of the editorial board of the Antitrust Counselor, Antitrust Report and Competition Law International publications and the advisory board of BNA’s Antitrust & Trade Regulation Report. Mrs Gotts is a member of the board of National Law Alumni of Georgetown University Law Center, the advisory board of Georgetown University Law Center’s Corporate Counsel Institute, the Lincoln Center Counsel’s Council, and legal advisory board of Legal Momentum.
Acknowledgements
The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book:
Argentina
- Alfredo O’Farrell and Miguel del Pino
- Marval, O’Farrell & Mairal
Australia
- Peter Armitage, Amanda Tesvic and Ross Zaurrini
- Blake Dawson
Austria
- Isabella Hartung and Wolfgang Strasser
- Barnert Egermann Illigasch Rechtsanwälte GmbH
Belgium
- Carmen Verdonck and Louise Depuydt
- ALTIUS
Bosnia and Herzegovina
- Christoph Haid and Srđana Petronijević
- Moravčević Vojnović Zdravković in cooperation with Schoenherr
Brazil
- Bruno L Peixoto
- Lanna Peixoto Advogados
Bulgaria
- Christoph Haid and Mariya Papazova
- Advokatsko druzhestvo Andreev, Stoyanov & Tsekova in cooperation with Schoenherr
Canada
- Julie A Soloway and Cassandra Brown
- Blake, Cassels & Graydon LLP
Chile
- Julio Pellegrini and Pedro Rencoret
- Pellegrini & Urrutia Abogados
China
- Susan Ning
- King & Wood
Colombia
- Dario Cadena Lleras and Eduardo A Wiesner
- Wiesner & Asociados Abogados
Croatia
- Christoph Haid
- Schoenherr
Cyprus
- Elias Neocleous and Ramona Livera
- Andreas Neocleous & Co LLC
Denmark
- Christina Heiberg-Grevy and Malene Gry-Jensen
- Accura Advokatpartnerselskab
European Union
- Tony Reeves and Ashwin van Rooijen
- Clifford Chance LLP
Finland
- Niko Hukkinen
- Roschier Attorneys Ltd
France
- Hugues Calvet and Olivier Billard
- Bredin Prat
Germany
- Marc Besen and Albrecht von Graevenitz
- Clifford Chance LLP
Greece
- Alkiviades C A Psarras
- Cocalis & Psarras
Hungary
- Christoph Haid and Anna Turi
- Schoenherr
India
- Rajiv K Luthra and G R Bhatia
- Luthra & Luthra Law Offices
Indonesia
- Theodoor Bakker & Luky I Walalangi
- Ali Budiardjo, Nugroho, Reksodiputro
Ireland
- Lorcan Tiernan and Kate Price
- Dillon Eustace
Italy
- Luca Toffoletti and Emilio De Giorgi
- NCTM
Japan
- Yusuke Nakano, Vassili Moussis and Kentaro Hirayama
- Anderson Mōri & Tomotsune
Korea
- Sai Ree Yun, Seuk Joon Lee and Kyoung Yeon Kim
- Yulchon, Attorneys at Law
Lithuania
- Giedrius Kolesnikovas, Emil Radzihovsky and Beata Kozubovska
- Motieka & Audzevicius
Mexico
- Luis Gerardo García Santos Coy, José Ruíz López and Mauricio Serralde Rodríguez
- Creel, García-Cuéllar, Aiza y Enríquez, SC
Netherlands
- Berend Reuder and Weijer VerLoren van Themaat
- Houthoff Buruma
Portugal
- Gonçalo Anastácio and Maria João Duarte
- SRS – Sociedade Rebelo de Sousa & Advogados Associados, RL
Romania
- Carmen Peli, Carmen Korsinszki and Andra Gunescu
- PeliFilip
Serbia
- Christoph Haid and Srđana Petronijević
- Moravčević Vojnović Zdravković in cooperation with Schoenherr
Singapore
- Ameera Ashraf
- WongPartnership LLP
South Africa
- Lee Mendelsohn
- Edward Nathan Sonnenbergs
Spain
- Cani Fernández, Andrew Ward and Albert Pereda
- Cuatrecasas, Gonçalves Pereira
Sweden
- Fredrik Lindblom and Amir Mohseni
- Advokatfirman Cederquist KB
Switzerland
- Silvio Venturi and Pascal G Favre
- Tavernier Tschanz
Taiwan
- Victor Chang, Margaret Huang and Christy Lin
- LCS & Partners
Turkey
- Gönenç Gürkaynak and K Korhan Yıldırım
- ELIG, Attorneys-at-Law
Ukraine
- Christoph Haid and Pavel Grushko
- Schoenherr
United Kingdom
- Michael Rowe and Jordan Ellison
- Slaughter and May
USA
- Ilene Knable Gotts
- Wachtell, Lipton, Rosen & Katz
Venezuela
- Hernando Díaz-Candia and Arghemar Pérez-Sanguinetti
- WDA Legal, SC
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