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Purchase reviewPerhaps one of the most successful exports from the United States has been the adoption of mandatory pre-merger competition notification regimes in jurisdictions throughout the world. China and India have just implemented comprehensive pre-merger review laws, and although their entry into this forum is recent, it is likely that they will become significant constituencies for transaction parties to deal with when trying to close their transactions.
Given the ability of most competition agencies with pre-merger notification laws to delay, and even block, a transaction, it is imperative to take each jurisdiction – small or large, new or mature – seriously. Differences between regimes necessitate careful consideration when advising clients on a particular transaction. Thus, it is critical from the outset for counsel to develop a comprehensive plan to determine how to navigate the jurisdictions requiring notification, even if the companies operate primarily outside some of the jurisdictions. This book should provide a useful starting point in this important aspect of any cross-border transaction being contemplated in the current enforcement environment.
Including an overview of the process as well as an indication of recent decisions, strategic considerations and likely upcoming developments in 44 jurisdictions as well as a specialist chapter on international merger remedies, The Merger Control Review provides insights valuable to both in-house and outside counsel involved in the competition review of cross-border transactions.
A member of Wachtell, Lipton, Rosen & Katz’s antitrust department, Ilene Knable Gotts represents and counsels clients on a range of antitrust matters, particularly those relating to mergers and acquisitions. Ms Gotts is regularly recognised as one of the world’s top antitrust lawyers, including being selected in the 2007–2011 editions of The International Who’s Who of Business Lawyers, as one of the top 15 global competition lawyers, in the first-tier ranking of Chambers USA Guide, and as one of the ‘leading individuals’ in PLC Which Lawyer Yearbook.
Ms Gotts has served as the editor of the ABA’s treatise on the antitrust merger review process for the past 15 years and has had over 150 articles published on antitrust issues relating to mergers and acquisitions and Hart-Scott-Rodino compliance. She is also a frequent lecturer on antitrust topics. She serves on the advisory boards of Antitrust and Trade Regulation Report, Antitrust Counselor and Antitrust Report, and as the co-editor of Competition Law International.
Ms Gotts received her Bachelors degree, magna cum laude, from the University of Maryland, where she was elected to Phi Beta Kappa. Her law degree was awarded, cum laude, by Georgetown University Law Center in 1984. She currently serves on the Counsel’s Council of Lincoln Center. In 2011, the New York State Bar Association Antitrust Section.
The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book:
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