Merger Streamlining Group

We assist the Merger Streamlining Group, a group of multinational firms interested in ensuring that international merger review regimes operate effectively and efficiently and do not impose undue burdens. The Merger Streamlining Group pursues this mission through direct submissions to competition agencies and governments and through indirect activities including collaboration with other companies and associations that have shared interests, as well as publications and media communications. The International Competition Network’s Recommended Practices for Merger Notification Procedures are used as a benchmark for identifying and advocating changes to non-compliant regimes.

The Merger Streamlining Group has made submissions to numerous jurisdictions including:

Argentina
Australia
Austria
Brazil
Bulgaria
Canada
Chile
China
Cyprus
European Union
Germany
Hungary
India
Ireland

Israel
Italy
Japan
Peru
Philippines
Poland
Portugal
Russia
South Korea
Spain
Taiwan
Ukraine
United Kingdom
United States

Submissions have contributed to positive changes in several jurisdictions, including:

Brazil: introduction of local nexus requirement; adoption of less burdensome filing forms
Bulgaria: thresholds raised and local nexus requirement introduced
China: market share threshold eliminated
Germany: introduction of local nexus requirement; improvements to design of thresholds for low-turnover/high-value transactions
India: shortened initial waiting period, introduction of target-size threshold and exemption for intra-company transactions
Italy: introduction of local nexus requirement; retention of €48 million turnover threshold
Korea: thresholds raised and discriminatory treatment of foreign companies eliminated
Japan: thresholds raised
UK: retention of voluntary notification regime

Merger Streamlining Group additional relevant publications and activities include:

“Best Practices for the Review of International Mergers: A Discussion Draft”, Global Competition Review, (October/November 2011), 27. A. Neil Campbell and J. William Rowley QC
Participating as Non-Governmental Advisors in the development of the International Competition Networks’ Recommended Practices for Merger Notification Procedures
Designed a survey of ICN jurisdictions / agencies and private sector respondents to assess the degree of implementation of the ICN Recommended Practices for Merger Notification and Review Procedures I-III (published in Business Law International: 5 Bus. L. Int’l 110 (2004))
Designed a survey of ICN jurisdictions / agencies and private sector respondents to assess the degree of implementation of the ICN Recommended Practices for Merger Notification and Review Procedures IV-VII (published in World Competition Law: (2005) 28 W. Comp. 5, 533)
Publishing articles in various media including the Global Competition Review and contributing presentations to international conferences.