Merger Working Group Home Page

Templates page - Merger Review Laws, Related Materials, and Templates

ICN Guiding Principles for Merger Notifcation and Review
Adopted at 2002 Annual Conference (First Annual Conference, Naples, Italy, 28-29 Sept 2002)

ICN Recommended Practices for Merger Notification and Review Procedures
Adopted at First Annual Conference, Naples, Italy (September 28-29, 2002). Revised and/or comments added: Second Annual Conference, Mérida, Mexico (June 23-25, 2003); Third Annual Conference, Seoul, Korea (April 21-22, 2004); Fourth Annual Conference, Bonn, Germany (June 5-8, 2005); Fifth Annual Conference, Cape Town, South Africa (May 3-5, 2006)

ICN Recommended Practices for Merger Analysis
Adopted at Seventh Annual Conference, Kyoto, Japan (April 14-16, 2008). Revised Eighth Annual Conference, Zurich, Switzerland (June 3-5, 2009) and Ninth Annual Conference, Istanbul, Turkey (April 27-29,2010)

2006

Merger Guidelines Workbook
Fifth Annual Conference, Cape Town, South Africa, 3-5 May 2006

Merger Guidelines Workbook: Preliminary Draft for Discussion
Fourth Annual Conference, Bonn, Germany, 5-8 June 2005. D raft prepared by Office of Fair Trading and Irish Competition Authority.

Merger guidelines project: Interim report to the ICN in Merida
Presentation by John Vickers, UK OFT, and various NGAs on status of merger guidelines review project, 24 June 2003

Implementation Handbook (April 2006)
Examples of Legislative Text, Rules and Practices that conform to selected ICN guiding principles and recommended practices for merger notification and review procedures. Fifth Annual Conference, Cape Town, South Africa, 3-5 May 2006

2005

Handbook on Investigative Techniques for Merger Review
Fourth Annual Conference, Bonn, Germany, 5-8 June 2005

Date unknown

Waivers of Confidentiality in Merger Investigations
Model Confidentiality Waiver

2014

ICN Merger Working Group Interim Report on the Status of the International Merger Enforcement Cooperation Project (13th Annual Conference, Marrakech, April 2014)

2011

Merger Working Group Comprehensive Assessment 2010-2011
The Merger Working Group, 10th Annual Conference of the ICN, The Hague, Netherlands, May 2011

2009

ICN Information Requirements for Merger Notification (June 2009)
Prepared by the Notification & Procedures Supgroup and presented at the 8th Annual Conference, Zurich, Switzerland, June 2009

2008

Setting Notification Thresholds for Merger Review
Seventh Annual Conference,Kyoto, Japan, 14-16 April 2008

2007

Defining Merger Transactions for Purposes of Merger Review (2007)
Presented at Sixth Annual Conference, Moscow, Russia (May-June 2007)

2006

Merger Remedies Review Report
From the Fourth Annual Conference, Bonn, Germany (June 2005)

2005

ICN Implementation of the ICN Recommended Practices for Merger Notification (April 2005)

ICN Merger Notification Filing Fees (April 2005)
Developed by Merger Notification & Procedures subgroup - report (27 pages) discusses the various types of filing fee regimes.

ICN Merger Remedies Review Report (June 2005)
Developed by ICN Merger Working Group: Analytical Framework Subgroup for the fourth ICN annual conference, Bonn (59 pages)

2004

ICN Report on the Costs and Burdens of Multijurisdictional Merger Review (November 2004)
Prepared by Mergers Working Group: Notification and Procedures Subgroup (26 pages)

ICN Report on Merger Guidelines (April 2004)
This links to the overview chapter of the Project on Merger Guidelines prepared by the ICN Merger Working Group: Analytical Framework Subgroup for the third ICN annual conference in Seoul. Other chapters are: Market Definition, Unilateral effects, Coordinated Effects, Barriers to entry and expansion and Efficiencies.

2003

ICN Merger Investigative Techniques Compendium of Investigative Tools
Report setting out results from a 2002 questionnaire submitted to ICN members - second annual conference, Merida, Mexico (June 2003)

NGA Report on Implementation of ICN Recommended Practices for Merger Notification Procedures
Analyses from a survey of agencies and private practices how recommended practices on notification procedures are implemented.

NGA Survey - Jurisdictional Matrix of Merger Laws

2002

ICN The Analytical Framework for Merger Control 2002
Discussion paper produced for First Annual Conference, Naples, Italy (28-29 September 2002). Related the this, the following country exemplars were produced:

Australia Exemplar - Allan Fels, Merger Law in Australia (11 September 2002)

Germany Exemplar (Bundeskartellamt)

South Africa Exemplar

United States Exemplar

Undated

ICN Framework for Merger Review Cooperation
Document undated, but uploaded to ICN site 12 June 2012

ICN Model Confidentiality Waiver (Mergers) (Discussion Paper)
Developed by Merger Notification & Procedures subgroup. Iillustrative agency waiver forms.

2012

Coordinated effects in Merger Analysis
Presentation from Dr Graeme Woodbridge, Economics Adviser, ACCC, 16 February 2012 (PowerPoint Presentation). Part of 2011-12 MWG Economic Analysis discussion series

Coordinated effects in Merger Analysis
Presentation from Adrian Proctor, Economic Adviser, Mergers, OFT (PowerPoint Presentation). Part of 2011-12 MWG Economic Analysis discussion series

Focusing The Early Stage of Merger Investigations
Presentation from Sue Majewski,, Economist, Antitrust Division, USDOJ (PowerPoint Presentation). ICN Conference on Economic Analysis in Merger Review. Part of 2011-12 MWG Economic Analysis discussion series

International Competition Network's Framework for Merger Review Cooperation
Proposal from the Japan Fair Trade Commission for the establishment of the 'International Competition Network's Framework for Merger Review Cooperation'

Unilateral Effects in Homogeneous Product Markets
Alberto Prandini, Economics Adviser, Mergers, OFT. Part of 2011-12 MWG Economic Analysis discussion series

2011

ICN Merger Working Group Comprehensive Assessment 2010-2011
Document added to ICN site on 11 October 2011. Produced for Tenth Annual Conference, The Hague, Netherlands, 18-20 May 2011

Quantitative Methods for Evaluating Unilateral Competitive Effects in Differentiated Products Mergers
David W Meyer, Bureau of Economics, US FTC, 15 November 2011. Part of 2011-12 MWG Economic Analysis discussion series

Unilateral Effects in Differentiated Product Markets
Szabolcs Lorincz, Chief Economist Team, DG Competition, EC, 15 November 2011. Part of 2011-12 MWG Economic Analysis discussion series

2010

Tools for Change - Teleseminar/Webinar (13 April 2010) (PPT Slides)
Tools for Change: Implementing the Recommeneded Practices for Merger Notification & Review Procedures April 13, 2010, teleseminar.

Merger Remedies - Teleseminar (10 February 2010) (PPT Slides)
Tools for Change: Implementing the Recommeneded Practices for Merger Notification & Review Procedures April 13, 2010, teleseminar.

2007

Defining 'merger' transactions for purposes of merger review
Joseph F Winterscheid - NGA submission, Sixth Annual Conference, Moscow, Russia (May 31, 2007)

Notification and Procedures Subgroup
Presentation by Maria Coppola Tineo, US FTC, Sixth Annual ICN COnference, Moscow, 31 May 2007

Substantive Issues in Merger Review: Report on the 2007 ICN Merger Workshop, Dublin
From John Evans, The Competition Authority, Ireland, 31 May 2007

2005

Presentation: Merger guidelines workbook: preliminary draft
Slides from John Vickers, OFT, on the merger guidelines workbook and the preliminary draft, 4th Annual Conference, Bonn, Germany, 5-8 June 2005.

Presentation: Merger remedies review project
Ted Henneberry, Irish Competition Authority - preliminary results of the project, Bonn, Germany, 5-8 June 2005

2004

A Private Sector Perspective on Merger Investigations
Constance K Robinson - NGA presentation on multi-jurisdictional merger review, Third Annual Conference, Seoul, Korea (21-22 April 2004)

The Merger Review Working Group: Fulfilling the Promise of the International Competition Network
Remarks by Makan Delrahim, Deputy Assistant Attorney General, Antitrust Division, US DOJ, presented at the ICN Third Annual Conference, Seoul, Korea, 21 April 2004.

Merger Working Group: Subgroup on Merger Notification and Procedures, 'Monitoring and Implementation of the Recommended Practices for Merger Notification and Review Procedures'
Randolph Tritell, U.S. FTC, ICN Third Annual Conference, Seoul, Korea, 21-22 April 2004.

Presentation on Implementation of the Recommended Practices for Merger Notification and Review Procedures
By Randolph Tritell, U.S. FTC, on implementation of the Recommended Practices for Merger Notification Procedures at the 3rd annual conference, Seoul, 21 April 2004, for the Merger Workking Group, Subgroup on Notification and Procedures.

Presentation on the Merger Guidelines Project: Report to the ICN in Seoul
Presentation by John Vickers, Chairman, UK Office of Fair Trading, on the Analytical Framework Subgroup's project on merger guidelines at the 3rd annual conference in Seoul (21 April 2004).

Presentation on Planning a Merger Investigation
Remarks by Patrick Krauskopf, Swiss Competition Commission, on the possible elements that go into a merger investigation plan.

2003

Notification and Procedures Subgroup, Presentation - Remarks (Presentation slides)
Randy Tritell, US FTC, ICN Second Annual Conference, Merida, Mexico, 24 June 2003

See also opening remarks

2002

Ulf Boege (President of the Bundeskartellamt), ICN First Annual Conference, Naples, 28 September 2002
Speech on the Analytical Framework of Merger Review

Chair Remarks on Merger Notification and Review Procedures
Charles A. James, Assistant Attorney General, US DOJ, Antitrust Division, on Best Practices for Merger Notification and Review Procedures panel at the 1st annual conference (delivered by Deborah P Majoras).

Efficiencies Analysis in Mergers
Debra A Valentine, ICN First Annual Conference, Naples 28 September 2002

Internationalisation of Merger Review: Towards Global Solutions
J William Rowley QC - NGA Remarks at the First Annual Conference , 28-29 September 2002, Castel Dell'Ovo, Napoli

Remarks of Mario Monti on the Analytical Framework of Merger Review
EU Commissioner for Competition, ICN Inaugural Conference, Introductory remarks to 'Analytical Fraemwork of Merger Review', Naples 28-29 September 2002

Remarks on the Analytical Framework of Merger Review and the concept of dominance (Substantial lessening of competition/creation or strengthening of competition)
Richard Whish - NGA Remarks on the substantial lessening of competition and the creation or strengthening of a position dominance at the ICN First Annual Conference, Naples 28 September 2002

The Role of Public Interest in Merger Evaluation
Speech by David Lewis, Competition Tribunal, South Africa, Merger Working Group, Naples, September 2002

2005 Recommendation concerning Merger Review

OECD 2013 Report on the OECD/ICN Survey on International Enforcement Cooperation
DAF/COMP/WP3(2013)2, Working Party No 3 on Co-operation and Enforcement. 26 February 2013. See also Executive Summary of the Report.

OECD 1999 Report on Positive Comity

OECD 1999 Report on Notification of Transnational Mergers

The Wood-Whish Report - Merger Cases in the Real World: A Study of Merger Control Procedures (OECD, 1994)

OECD Competition Policy Roundtables

OECD, 'Definition of Transaction for the Puprose of Merger Control Review' (DAF/COMP(2013)25 (24 Jan 2014))

OECD Policy Roundtables: The Role of Efficiency Claims in Antitrust Proceedings DAF/COMP(2012)23 (2 May 2013)

OECD Policy Rountables: Market Definition (2012) DAF/COMP(2012)24 (11 October 2012)

OECD Policy Rountables: Impact of Evaluation of Merger Decisions (June 2011) DAF/COMP(2011)24 (18 September 2012)

OECD Policy Roundtables: Economic Evidence in Merger Analysis DAF/COMP(2011)23 (27 July 2012)

OECD Policy Roundtables: Remedies in Merger Cases DAF/COMP(2011)13 (30 July 2012) (Roundtable No 125)

OECD Policy Roudntables: Cross-Border Merger Control: Challenges for Developing and Emerging Economies DAF/COMP/GF(2011)13 (2011) (Roundtable No 122)

OECD Policy Roundtables: Failing Firm Defence (DAF/COMP(2009)38) (2009) (Roundtable No 103)

OECD Policy Roundtables: The Standard for Merger Review, with a Particular Emphasis on Country Experience with the change of Merger Review Standard from the Dominance Test to the SLC/SIEC Test (DAF/COMP(2009)21) (2009) (Roundtable No 102)

OECD Policy Roundtables: Competition Policy, Industrial Policy and National Champions (DAF/COMP/GF(2009)9) (2009) (Roundtable No 96)

OECD Policy Roundtables: Managing Complex Mergers (DAF/COMP(2007)44) (2007) (Roundtable No 83)

OECD Policy Roundtables: Dynamic Efficiencies in Merger Analysis (DAF/COMP(2007)41) (2007) (Roundtable No 77)

OECD Policy Roundtables: Vertical Mergers (DAF/COMP(2007)21) (2007) (Roundtable No 68)

OECD Policy Roundtables: Merger Remedies (DAF/COMP(2004)21) (2004) (Roundtable No 48)

OECD Policy Roundtables: Media Mergers (DAFFE/COMP(2003)16) (2003) (Roundtable No 44)

OECD Policy Roundtables: Substantive Criteria Used for the Assessment of Mergers (DAFFE/COMP(2003)5) (2003) (Roundtable No 42)

OECD Policy Roundtables: Merger Review in Emerging High Innovation Markets (DAFFE/COMP(2002)20) (2002) (Roundtable No 20)

OECD Policy Roundtables: Portfolio Effects in Conglomerate Mergers (DAFFE/COMP(2002)5) (2001) (Roundtable No 37)

OECD Policy Roundtables: Mergers in Financial Services (DAFFE/CLP(2000)17) (2000) (Roundtable No 29)

OECD Policy Roundtables: Airline Mergers and Alliances (DAFFE/CLP(2000)1) (2000) (Roundtable No 26)

OECD Policy Roundtables: Efficiency Claims in Mergers and Other Horizontal Arrangements (OCDE/GD(96)65) (1995) (Roundtable No 4)

OECD Policy Roundtables: Failing Firm Defence (OCDE/GD(96)23) (1995) (Roundtable No 2)

Background notes | EU submissions | US submissions

Background notes

Cross-Border Merger Control: Challenges for Developing and Emerging Economies
OECD Secretariat Background Note, GFC 2011

EU submissions

EU Submission, Remedies in Merger Cases
(to Working Party No. 3 on Co-operation and Enforcement, June 2011 (DAF/COMP/WP3/WD(2011)59))

EU Submission, Impact evaluation of merger decisions
(to Competition Committee, June 2011 (DAF/COMP/WD(2011)59))

EU Submission, Economic evidence in Merger analysis
(to Working Party No. 3 on Co-operation and Enforcement, February 2011 (DAF/COMP/WP3/WD(2011)26))

EU Submission, Cross-border Merger Control: Challenges for developing and emerging economies
(to OECD Global Forum on Competition, February 2011 (DAF/COMP/GF/WD(2011)23))

EU Submission, Roundtable on standard for merger review, with a particular emphasis on country experience with the change of merger review standard from the dominance test to the SLC/SIEC test
(to OECD Working Party No. 3 on Co-operation and Enforcement, June 2009 (DAF/COMP/WP3/WD(2009)11))

US submissions

US Submission, Discussion on International Co-operation
(to OECD Working Party No 3 on Co-operation and Enforcement, 12 June 2012 (DAF/COMP/WP3/WD(2012)24))

US Submission, Roundtable on Market Definition
(to OECD Competition Committee, June 2012 (DAF/COMP/WD(2012)27))

US Submission, Roundtable on Impact Evaluation of Merger Decisions
(to OECD Competition Committee, June 2011 (DAF/COMP/WD(2011)58))

US Submission, Rountable on Remedies in Merger Cases
(to OECD Working Party No 3 on Co-operation and Enforcement, June 2011)

US Submission, Roundtable on Cross-Border Merger Control: Challenges for Developing and Emerging Economies
(to Global Forum on Competition, February 2011)

UNCTAD - Competition Law and Policy

Model Laws

UNCTAD Model Law on Competition 2010
Commentary regularly revised. Chapter VI deals with mergers.

Principles

The United Nations Set of Principles on Competition (The UN Set)