MERGERS - TRANSATLANTIC CONVERGENCE
What Role Does the Efficiency Defence Play?
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The authoress study focuses on the feasibility to advance existing convergence between the EU and the US merger assessment policy - towards common rules and standards. It proposes advancing the areas where merger assessment characteristics are increasingly similar and a reduction in non-shared characteristics in merger policy. The authoress justifies such proposed common rules in the form of guidelines which could potentially reduce jurisdictional conflicts and would provide for greater efficiency of the review process. This paper contributes to the literature by suggesting the drafting of a s...
The authoress study focuses on the feasibility to advance existing convergence between the EU and the US merger assessment policy - towards common rules and standards. It proposes advancing the areas where merger assessment characteristics are increasingly similar and a reduction in non-shared characteristics in merger policy. The authoress justifies such proposed common rules in the form of guidelines which could potentially reduce jurisdictional conflicts and would provide for greater efficiency of the review process. This paper contributes to the literature by suggesting the drafting of a second generation agreement , in the form of Transatlantic Merger Guidelines . Such Transatlantic Merger Guidelines would significantly improve the assessment of international mergers and would provide greater transparency and legal certainty for companies operating on a transatlantic level. It suggests for further empirical research if there is to be a drafting of common rules on a transatlantic level which is beyond the scope of this paper.
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