A comparative analysis of EU and US transnational mergers regulation

Document from the year 2017 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law grade: A language: English abstract: The major problem associated with the regulation of transnational mergers which affect several national markets is the allocation of jurisdiction. Each country concerned may wish to exert jurisdiction and apply its national competition law to regulate the anti-competitive effects a merger may have in its territory. However this approach may lead to risks of inconsistent decisions regarding the legality of mergers. Indeed the national competition laws applied by the regulating authorities may diverge in several aspects which raise the likelihood of inconsistency. The authors advocates the creation of an international merger control framework (IMCF) for the regulation of transnational mergers. This framework will rest on an informal and a formal pillar. The former includes non-legally binding competition principles. Consistency of these principles with the concepts of legitimacy and efficiency as well as the presence of peer reviews and assistance programmes should lower the risk of non-implementation. The formal pillar includes bilateral cooperation agreements which apply to merger affecting the countries which have concluded the agreements. As essential pre-condition for the application of bilateral agreements the level of cooperation achieved by such agreements should be at least equal to that ensured by the informal pillar. The last part of the study addresses and examines the long and complex processes in merger and acquisition (M&A) transactions. M&A arbitration faces certain difficulties during the transaction. Such difficulties the author seeks to underline. Two main problems of arbitration in M&A transactions particullarly have been covered. Firstly the problem of consent in consolidation of parallel proceedings during M&A transactions and secondly parties' consent that validate arbitration agreem