Implications of Globalisation for Competition Law Enforcement
This presentation explores the implications of globalisation on competition law enforcement, focusing on topics such as cross-border filings, jurisdiction spread, and the challenges faced in global mergers. It discusses how the global landscape affects competition authorities and compels them to collaborate across borders to ensure fair competition in the market.
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Implications of globalisation for competition law enforcement John Davies. November 2013
Spread of competition law enforcement Jurisdictions with Competition Law and Authority 140 120 100 80 60 40 20 0 Source: OECD Competition Law Competition Authority 2 Source: OECD
EU Cross-Border Filings EU cross-border merger filings between 1990 and 2011 Numbers 140 120 100 80 60 40 20 0 2003 2004 2005 2006 2009 2000 2001 2008 1996 1999 2002 2007 1991 1992 1995 1997 1998 2010 1993 1994 2011 1990 cross border EU - non EU Source: Authors interpretation of European Commission data 3
and more scope for disagreement Eurotunnel 2013 In a statement last week, Cuvillier criticised the CC s decision to oppose Eurotunnel s acquisition of ferry operator SeaFrance, a deal that was conditionally approved by France s Competition Authority in November 2012. Cuvillier called for an emergency meeting with the UK's transport minister, Norman Baker, and said the French government would approach the UK authorities to arbitrate between the decisions of the two competition authorities . Source: Global Competition review, 2013
More ticks needed, for overall approval Consider a borderline merger. The advisors to the deal believe the chance of merger clearance is 50% Number of countries involved Likelihood of overall clearance (without co- ordination between agencies) 50% 25% 12.5% 6.25% 3% 1 2 3 4 5 Global mergers less likely to be approved than domestic mergers? 5
The future Shares of global GDP
