self-assessment results of icn survey- randoph tritell - us ftc - june 2016 oecd discussion

Self-Assessment Results ICN Survey 2016

Randolph W. TritellU.S. Federal Trade Commission

Presentation for OECD Competition Committee, Working Party 3

June 15, 2016

www.internationalcompetitionnetwork.org

http://www.internationalcompetitionnetwork.org/

ICN Guiding Principles

1. Sovereignty2. Transparency3. Non-discrimination

on the basis of nationality

4. Procedural fairness

5. Efficient, timely, and effective review

6. Coordination7. Convergence8. Protection of

confidential information

ICN Recommended Practices

1. Nexus between the merger’s effects and the reviewing jurisdiction

2. Clear and objective notification thresholds

3. Timing of merger notification

4. Merger review periods

5. Initial notification requirements

6. Conduct of merger investigations

7. Procedural fairness

8. Transparency

9. Confidentiality

10. Interagency coordination

11. Review of merger control provisions

12. Remedies

13. Competition agency powers


2011 Review

• 27: Conform• 57: Do Not Conform

27/84 27/84 agenciesagencies


2011 Review

• Some jurisdictions fall into multiple categories.

• Some jurisdictions implemented changes but did not achieve full conformity.

ICN Self-Assessment Survey 2016

• Goal: assess implementation of almost all of the ICN Recommended Practices and identify areas for future work

• As of June 6, 2016, 80 of the 100 jurisdictions surveyed completed the assessment.

– Not every question has been answered by every survey recipient.

– Five additional respondents partially completed the survey.


• Do you require a substantial local nexus?

• 81 out of 85 Agencies Responded• Yes: 74• No: 7


Notification obligation: buyer only

• Can the local activities of the acquirer alone trigger notification?

• 79 out of 85 Agencies Responded• Yes: 30 • No: 49


Calculating thresholds: Target

• When calculating the sales or assets of the business being acquired, does your jurisdiction count only the sales and/or assets of what is being acquired (i.e., not sales and/or assets of the entire selling entity or group)?



Notification Criteria• Do the merger notification thresholds use objectively quantifiable

criteria (e.g. sales and/or assets) and not other criteria, such as market share, market power, or other potential transaction-related effects?



ICN Members with Merger Control: Two party /

target

Blue map: ICN members with merger control. Red map: ICN members with two party / target thresholds

ICN Self-Assessment Survey 2016: Conforming

Changes• In the last five years, 10 jurisdictions self-reported reforms to bring

their notification thresholds into conformity:

1. Argentina

2. COMESA

3. Greece

4. India

5. Italy

6. Kenya

7. Kosovo

8. Pakistan

9. Panama

10.Turkey

Two Party / Target Objective Thresholds

Number of Jurisdictions

Number of Jurisdictions

with Two Party / Target

Thresholds

Number of Jurisdictions without Two

Party / Target Thresholds

OECD Members & Observers

46 25 21

Non-OECDJurisdictions

39 9 30

Total 85 34 51

(60%)(40%)


Two party / target thresholdsOECD Members & Observers

Other thresholdOECD Members & Observers

Belgium Ireland

Bulgaria Italy

Canada Japan

Czech Republic Korea

Denmark Lithuania

Estonia Norway

European Union Romania

Finland South Africa

France Sweden

Germany Switzerland

Greece Turkey

Hungary United States

Iceland

Australia Peru

Austria Poland

Brazil Portugal

Colombia Russia

India Slovak Republic

Indonesia Slovenia

Latvia Spain

Malta Taiwan

Mexico United Kingdom

Netherlands Ukraine

New Zealand


Two party / target thresholds Non-OECD Members & Observers

Other thresholdNon-OECD Members & Observers

Argentina Kenya

COMESA Kosovo

Croatia Pakistan

Faroe Islands Panama

Guernsey

Albania Honduras Nicaragua

Armenia Israel Senegal

Barbados Jamaica Serbia

Botswana Jordan Singapore

Ecuador Macedonia Seychelles

EFTA Malawi Tanzania

El Salvador Mauritius Tunisia

Gambia Moldova Vietnam

Georgia Montenegro Zambia

Greenland Namibia Zimbabwe


• Nine non-OECD members and observers self-reported two party / target thresholds.

1. Argentina

2. COMESA

3. Croatia

4. Faroe Islands

5. Guernsey

6. Kenya

7. Kosovo

8. Pakistan

9. Panama

ICN Self-Assessment Survey 2016: Role of RPs

in Reform• Have you used the ICN’s Recommended Practices in reviewing your

merger notification and review regime?



Future ICN Role

• Should the ICN take a more active role in promoting the ICN Recommended Practices? – Ninety-one percent of respondents, 73 agencies, said yes.


ICN Support for Domestic Reforms

• How should the ICN take a more active role?– Assist members that welcome external support for domestic

reforms (e.g. amendments to laws or new regulations)

– 46 agencies (58%) replied yes

46 agencies46 agencies

Merger Working Group: Technical Assistance

• How should the ICN take a more active role?– In-depth technical assistance from the Merger Working Group



ICN Monitoring and Recommendation

• How should the ICN take a more active role?– ICN member reports on member compliance and jurisdiction-

specific recommendations for potential improvements



Self-Assessment Results ICN Survey 2016

www.internationalcompetitionnetwork.org

Randolph W. TritellU.S. Federal Trade Commission

Presentation for OECD Competition Committee, Working Party 3

June 15, 2016

http://www.internationalcompetitionnetwork.org/

self-assessment results of icn survey- randoph tritell - us ftc - june 2016 oecd discussion

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