Document Type

Article

Disciplines

International Law

Abstract

The world markets of today face increasing globalization. As business transactions continue to cross national borders, they will become subject to further government regulation. This is true particularly in the area of mergers.

Parties to an international merger may be forced to comply with multiple merger requirements and investigations. When multiple merger authorities assert jurisdiction, not only do the parties face heavy procedural burdens, but also a danger of direct conflict among different governments' policies and decisions regarding the proposed transaction. The consequence could ultimately be a proposed merger approved by one merger authority, yet found impermissible by another.

This comment uses the.proposed de Havilland merger between.a European consortium and a Canadian corporation to demonstrate that the chance of conflicting analyses in the area of merger enforcement is not remote. Past problems in international antitrust enforcement are discussed, as well as the solutions which followed. The comment then analyzes existing solutions to international merger control, as well as other proposed solutions not yet accepted. The comment recognizes that a more realistic approach is needed and proposes a model bilateral cooperation agreement regarding international merger enforcement to minimize conflicts such as those arising from the proposed de Havilland merger. This comment ultimately concludes that, without a mechanism for cooperation, conflicts in international merger enforcement may create problems for global economic growth, the protection of competition and international relations.

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