Information from abroad: who bears the burden in an antitrust investigation?

Article Abstract:

Expanding global commerce has increased the challenges faced by US antitrust enforcement agencies wishing to investigate mergers involved multinational businesses. The jurisdictional bounds of such investigations have been defined by the Hart-Scott-Rodino Act, and the International Antitrust Enforcement Assistance Act of 1994 was intended to promote cooperation with other nations. Regardless of such agreements, international businesses may be reluctant to relinquish sensitive business information, and enforcers should be aware that their mandate is limited to US industries.

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Foreign competition and U.S. merger analysis

Article Abstract:

The 1992 Merger Guidelines, developed jointly by the Federal Trade Commission and the Antitrust Division, provide little guidance on international issues in merger analysis, despite the increasing importance of international commerce. The 1984 Merger Guidelines and the 1988 International Guidelines addressed the special factors that influence international markets more effectively. Antitrust enforcement agencies must provide multinational businesses with greater certainty regarding the effect of international competition on market share analysis.

Mergers, acquisitions and divestments

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The impact of foreign competition on U.S. antitrust enforcement

Article Abstract:

Foreign competition can have an impact on market shares in US antitrust analysis of mergers, but antitrust enforcement agencies should not presume that all foreign producers are competing with US producers. Foreign competition also raises discovery concerns. Since access to information about foreign businesses may be limited, burden of proof and prima facie case rules must be developed that are consistent with antitrust principles and that respect jurisdictional limitations.

Market share

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