New Consensus on Merger Procedure and Analysis: the ICN’s 2017 Recommended Practices – By Maria Coppola & Paul O’Brien* (Office of International Affairs of the US Federal Trade Commission)
ICN in 2016, the Merger Working Group (MWG) of the International Competition Network began an ambitious project to reassess and update its Recommended Practices approved many years ago.1 As aspirational recommendations for all members, Recommended Practices are the ICN’s highest- level work product, and the Merger Recommended Practices are among the ICN’s most prominent and influential work, having inspired dozens of member agencies to make changes to their rules and practices.
This project marks the first time the ICN has taken on the complex challenge of reopening approved consensus Recommended Practices for improvements and updates to reflect new perspectives and years of experience with the existing Recommended Practices. After comprehensive working group dialogue over several drafts of each Recommended Practice during the year, in May 2017 the ICN adopted two new Recommended Practices: one on the definition of covered transactions and one on the role of efficiencies in merger analysis; and amended two Recommended Practices: one on nexus and notification thresholds and one on merger remedies. This article describes the highlights of the new and revised Recommended Practices.
New recommendations on jurisdiction and notification
The new Recommended Practice on definition
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