OECD carries out important work related to the review of transnational mergers. The OECD contributes to simplifying reporting requirements in international mergers, discussing “best practices” related to merger notification and procedures, and to more effective cooperation among competition authorities in merger control procedures.

In 1994, OECD published a report prepared by two well known experts (the Whish/Wood Report) which reviewed illustrative case studies of several transnational mergers as a means of highlighting regulatory problems raised by these transactions. The Report made several recommendations for improvements in international co-operation in mergers.
The 1995 Council Recommendation on Co-operation includes several provisions related to coordination and cooperation among competition authorities in merger investigations.

A 1999 Report by the Competition Committee proposed a framework for a notification and report form, which identified common elements in notification forms under merger control laws of member countries. Since then, there have been several roundtables related to merger control procedures and cooperation among authorities. The 2005 Council Recommendation on Merger Review sets forth internationally recognized best practices for the merger review process, including cooperation among competition authorities in merger cases.

Much of the OECD Competition Committee's work is available in roundtable reports that include written contributions from members and non-members alike and analytical background notes by the OECD Competition Division. Issues addressed in recent roundtables include Vertical Mergers, Merger Remedies, Media Mergers, Substantive Criteria Used for the Assessment of Mergers, Portfolio Effects in Conglomerate Mergers, Mergers in Financial Services and Merger Review in Emerging High Innovation Markets.

For further information, please contact Antonio Capobianco.

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The OECD Journal of Competition Law and Policy provides insight into the thinking of competition law enforcers while focusing on the practical application of competition law and policy.

OECD Journal of Competition Law and Policy