The increasing number of cross-border mergers and the limited resources that competition authorities have to enforce competition law make it important that authorities only review those mergers that have an impact in their jurisdiction.
The OECD Council Recommendation on merger review aims to contribute to greater convergence of merger review procedures. In 2013, the OECD prepared a Report on country experiences that looked at the Recommendation’s impact in practice. It found that a number of economies, including in non-OECD jurisdictions, have amended their notification thresholds in line with the Recommendation, thereby strengthening local nexus and ensuring only those mergers that are capable of distorting competition within their territory are reviewed.
In June 2016, the OECD held a roundtable discussion providing an overview of the merger control thresholds and local nexus criteria currently in place in various countries. The roundtable also discussed law changes since the adoption of the Recommendation in 2005.
This page contains all the related material.