The Icn Guiding Principles For Merger Notification And Review

The International Competition Network (ICN) is a non-formal organization, functioning basically as a forum, allowing its members – national and multinational antitrust agencies – to disseminate their experience on competition law enforcement and to work, through specifically targeted projects, on the convergence of antitrust laws. One of its most active working groups concentrates on the challenges of merger review in a multi-jurisdictional context. It has recently formulated a list guiding principles to be followed by competition authorities in relation with merger notifications and subsequent review. The document has been approved by the First Annual Conference of the ICN in September 2002.

The following questions have been addressed in this article:

What is the meaning of coordination and convergence?
What are the procedural issues considered by the Guiding Principles and the guarantees provided thereby?
What are the other guarantees for merging parties?
What is the binding force of the Guiding Principles?

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