"Too Many Gatekeepers? The Costs of Globalized Merger Control," Antitrust in Emerging and Developing Countries
June 6, 2016
Cleary Gottlieb partners George Cary and Elaine Ewing and associate Tara Tavernia contributed a chapter to Antitrust in Emerging and Developing Countries: Africa, Brazil, China, India, Mexico . . ., 2nd edition.
Their chapter, “Too Many Gatekeepers? The Costs of Globalized Merger Control,” appears in the new edition of the book, published by Concurrences Review and New York University.
“Over the last twenty years, an ever-growing number of jurisdictions have adopted merger control regimes. Although the global proliferation of merger control regimes has yielded some benefits, such as addressing competitive concerns in mergers with localized anticompetitive effects, it has also imposed substantial costs. These costs include, among others, at times significant delay in the ability to close a transaction and achieve anticipated efficiencies, the risk that an agency will improperly block a transaction or impose inefficient remedies, and the possibility that pro-competitive transactions will not be pursued in light of these concerns.”