Comments on the ICN Merger Remedies Review Project

Submitted to the ICN Analytical Framework Subgroup, Mergers Working Group

The chief benefit to be achieved from the Report, we believe, is the sharing of experiences of various competition authorities on the challenges of developing effective remedies.The most effective passages of the Report are those that examine the past efforts to implement various remedies and identify the key benefits and challenges that have been encountered.

To this end, we would encourage the drafters to focus further attention on providing specific information derived from the work papers solicited from various ICN participants and incorporate those examples into the overall analysis.
Such illustrations have been successfully used in other ICN fora as well as the past work of the Analytical Framework subgroup. The examples are often provided on an anonymous basis.

Notably, the Report would benefit from commentary by both large and small competition authorities on the relative costs and benefits of certain types of remedies as the experiences of agencies as to remedies may differ in this regard.