Media Briefing Note: Best Practices for NCAs

LONDON, 26 May 2011 - With the deadline for responses to the European Commission's public consultation on draft best practices for cooperation among National Competition Authorities (NCAs) closing this Friday, David Cardwell, Associate in Hogan Lovells' Antitrust, Competition and Economic Regulation practice, comments:

"The best practices, if adopted as currently drafted, would place the onus not only on NCAs but also on merging parties for ensuring that multijurisdictional merger reviews are coordinated and that there is a consistent result in all jurisdictions.  While merging parties will welcome moves towards a more cooperative process amongst NCAs, their ability to assist NCAs to cooperate more effectively is limited in practice by the complex patchwork of filing thresholds, waiting periods and notification requirements that they face across different EU Member States.  It will be interesting to see if the Commission acknowledges these barriers in the finalised version of its best practices.  Perhaps more importantly, companies will be watching for any signal from the Commission and NCAs that they intend to take concrete steps towards closer alignment of the various notification procedures currently maintained at national level across the EU."


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