Implementation of the International Competition Network’s Recommended Practices for Merger Review: Final Survey Report on Practices IV-VII

Abstract

The International Competition Network has adopted thirteen Recommended Practices for Merger Notification and Review Procedures. The purpose of these non-binding Recommended Practices is to facilitate convergence among competition agencies around best merger review practices. To assess and promote progress in this regard, the Merger Streamlining Group commissioned two surveys of competition agencies and private law firms in all ICN member jurisdictions. The first, carried out in 2003, found very mixed levels of compliance with the ICN’s initial three Recommended Practices. In 2004 a second survey was undertaken to measure implementation of the ICN’s next four Recommended Practices relating to Review Periods, Requirements for Initial Notification, Transparency and Review of Merger Control Provisions. This article reports on the 2004 survey, which found that achieving implementation continues to be a significant challenge notwithstanding the momentum arising from the unanimous adoption of the Recommended Practices. The analysis points to numerous opportunities for ICN members to bridge the gap between adoption and implementation.