LEGAL PRACTICE : GLOBAL COMPLIANCE - MERGERS - COORDINATION AMONG COMPETITION AUTHORITIES - DATA

The effects of increased globalization and regulator coordination on antitrust discovery

Merger review processes for complex, multinational deals have become significantly more complicated over the past 20 years. Increased coordination among competition authorities around the world creates new considerations for parties to multinational deals, requiring them to balance the need to respond fully to investigations in various jurisdictions with the need to protect privileged, personal or company –secret information. Parties should carefully assess anticipated compliance hurdles and take steps to pro-actively address them. Some of those steps include, creation of a compliance timeline, identification of where potentially relevant data may reside, development of a plan for multi-jurisdictional access to that data and determination and agreement as to how regulators in each jurisdiction will use and dispose of the data.

I. Introduction 1. Merger review processes for complex, multinational deals have become significantly more complicated over the past 20 years. This is a result of a number of trends, including the proliferation of merger control regimes around the world, the rising profile of several regulators (such as the Ministry of Commerce of the People’s Republic of China [MOFCOM]), and the increasing burden of merger control procedures in an expanding number of jurisdictions. A large part of that burden involves competition authorities’ need for information to complete their review of a proposed transaction. The volume of documents and data, the technology associated with storing, searching and analyzing data, and the potential need to move data across borders are all complicating factors for

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Authors

  • Freshfields Bruckhaus Deringer (Washington)
  • Ernst & Young (Washington)

Quotation

Jennifer E. Mellott, Chris Wall, The effects of increased globalization and regulator coordination on antitrust discovery, February 2017, Concurrences Review N° 1-2017, Art. N° 82404, www.concurrences.com

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