Mødedato: 05-04-2016

Merger Remedies Guide

Resumé

The purpose of the Merger Remedies Guide (“Guide”) prepared by ICN is to describe the overarching principles which form the basis of sound merger remedies and to provide guidance on how these principles inform the way in which remedies may be designed and implemented. Reflecting the current experience of competition authorities and practitioners around the world, the Guide builds on the foundation established in the Merger Working Group’s 2005 Report on the Merger Remedies Review Project, and supersedes the 2005 Report by explaining relevant factors in more detail, while providing practical guidance on effective remedial action. This Guide recognizes the significant growth in international cooperation over the past decade and complements the Merger Working Group’s 2015 Practical Guide on International Cooperation (“International Cooperation Guide”) by highlighting the factors that come into play in the design and implementation of remedies when more than one competition authority is reviewing the same merger (“multijurisdictional merger”). Such cooperation is particularly suited to the analysis, design and implementation of remedies, as well as the overall investigation of the merger in question. Merger remedies are typically formalized or codified in some form to ensure enforceability by a court or administrative body. Different jurisdictions refer to the written form of remedies in different ways (Consent Order, Consent Decree, Consent Agreement, Commitments, Remedies, Undertakings, or others). For ease of reference, the term “Remedy Order” will be used in this document to underscore the importance that remedies be enforceable by a governing body or court.

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