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Tips for Using Practical Law's Merger Control Resources
Practical Law Legal Update w-000-6305 (Approx. 3 pages)
Tips for Using Practical Law's Merger Control Resources
by Practical Law Antitrust
| Published on 13 Oct 2015 • USA (National/Federal) |
Are you working on a global transaction? Use Practical Law's resources to confirm where pre-merger filings are required and how those filings affect the closing timetable.
Are you working on a cross-border transaction that might require pre-merger filings both in the US and abroad? Curious about how those filings affect your closing timetable?
In cross-border transactions, the merging parties increasingly must make pre-merger filings in multiple jurisdictions. The parties often must file in jurisdictions that are suspensory, meaning the parties cannot close until they have obtained merger clearance from the relevant governmental authority in that jurisdiction. Counsel managing the antitrust approval process must:
- Ensure that all required filings are made.
- Consider how the waiting periods in each jurisdiction may affect the timing of closing.
Use Practical Law's merger control resources to determine where filings may be required inside and outside the US. Our resources cover the basics of merger control filings, including:
- Thresholds.
- Filing fees.
- Waiting periods.
- Whose responsibility it is to file.
- Penalties for failures to file.
Our subscribers use these resources:
- For practical guidance to help determine reportability of transactions under the Hart-Scott-Rodino (HSR) Act and in other jurisdictions.
- To stay abreast of current practice.
- To confirm that their own knowledge of pre-merger requirements is accurate.
The following resources can help practitioners determine where pre-merger filings are required in a cross-border transaction:
- For an explanation of how to determine whether a transaction is reportable under the HSR Act, see Practice Note, Determining Hart-Scott-Rodino Applicability.
- For a country-specific merger control Q&A for 33 jurisdictions, see Competition Global Guide: Merger Control: Country Q&A Tool. Each Q&A gives an overview of key practical issues in global transactions, including the merger control thresholds, notification requirements and penalties for failure to file. Counsel can compare key features across multiple jurisdictions using the Merger control: Country Q&A Tool.
- For up-to-date information on worldwide premerger filing requirements, including whether the jurisdiction is suspensory, see Quick Compare Chart, Merger Control.