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Gun Jumping – OECD – November 2018 OECD discussion

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This presentation by Sabine Zigelski from the OECD Competition Division, was made during the discussion “The Suspensory Effects of Merger Notifications and Gun Jumping” held at the 130th meeting of the OECD Competition Committee on 27 November 2018. More papers and presentations on the topic can be found out at oe.cd/gjc.

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Gun Jumping – OECD – November 2018 OECD discussion

  1. 1. SUSPENSORY EFFECTS OF MERGER NOTIFICATIONS AND GUN JUMPING Presentation by the Secretariat to the Competition Committee 27 November 2018
  2. 2. Failure to notify a merger – where pre-notification is mandatory Violation of standstill obligations – mandatory pre-notification regimes and voluntary regimes Anti-competitive agreements/information exchange before closing – all jurisdictions Types of Violations 2
  3. 3. 3 Critical Stages in the Merger Process Pre-Merger • Due diligence process • Competitively sensitive information Standstill period • Asset value preservation - competitively sensitive information, exercise of influence • Post-merger implementation planning - competitively sensitive information, premature acts of integration Pre- closure • Implementation - Joint activities, integration and information exchange
  4. 4.  Mostly cases/some jurisprudence Case specific  Very little general agency guidance available  Brazil, Czech Republic, (US FTC) But: 25 Member and 6 Participant contributions that outline the approach and case practice of these jurisdictions = unprecedented up to date compilation on http://www.oecd.org/daf/competition/gun-jumping- and-suspensory-effects-of-merger-notifications.htm 4 Guidance?
  5. 5. 5 Thank you!

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