Eight Guiding Principles for Merger Notification and Review Procedures (Spanish Version) (French Version)were developed by the Notification & Procedures Subgroup and adopted by the ICN membership at its inaugural conference in September 2002.
The subgroup has also developed a set of Recommended Practices for Merger Notification and Review Procedures (Spanish Version) (French Version), which the ICN has adopted. These Practices address thirteen areas that public and private sector representatives have identified as the most important to facilitating convergence toward best practices in merger review: (1) sufficient nexus between the transaction's effects and the reviewing jurisdiction; (2) clear and objective notification thresholds; (3) flexibility in the timing of merger notification; (4) merger review periods; (5) requirements for initial notification; (6) conduct of merger investigations; (7) procedural fairness; (8) transparency; (9) confidentiality; (10) interagency coordination; (11) remedies; (12) competition agency powers; and (13) review of merger control provisions. The format consists of a short statement of the practice followed by explanatory comments.
The Principles and Recommended Practices are non-binding, and it is left to governments and agencies to implement them as appropriate.
We are interested in hearing about how the Guiding Principles and Recommended Practices are being implemented in your jurisdiction. If you have any questions about whether your law, rules, or practices conform to these ICN materials or have any comments on the Principles or the Recommended Practices, we invite you to contact us.
You may direct any questions or comments to the attention of the subgroup chair, Cynthia Lewis Lagdameo at clagdameo@ftc.gov.