The increasing number of cross-border mergers, the proliferation of merger control regimes, and the limited resources competition authorities have to enforce competition law make it important that authorities only review those mergers that have an impact on their jurisdiction. The 2005 OECD Council Recommendation on merger review included recommendations on notification and review procedures, jurisdictional thresholds and appropriate local nexus criteria. In 2013, the OECD prepared a Report on Country Experiences that looked at the Recommendations impact in practice. This paper, prepared as background for a discussion held at the OECD in June 2016, builds on this work and assesses the local nexus criteria of a number of OECD and non-OECD jurisdictions by reference to Recommendation.
