Recommended framework for best practises in international merger control procedures

It is styled as a "recommended framework" for best practises, as opposed to a "code," since we believe that a formalistic, "code"-orientated approach to the issuses presented should be avoided. Indeed, undue formalism is oftentimes itself an impediment to best practises. Rather, we believe that a "recommanded framework for practises" better captures the spirit of the excercise be setting forth specific recommendations on basic principles, while recognizing the need for discreationary latitude in detailed implemenatation.

Over 60 jurisdictions now have some form of merger control regulation in place, up from only a handful only a decade ago. This fact, coupled with an increasing number of transactions having some international component, has resulted in a dramatic increase in the incidence of multijurisdictional merger views. Parties to international transactions of any consequence are today subject to merger control regulation in multiple jurisdictions as a matter of course.