Merger Control Review in the United States and the European Union: Working towards Conflict Resolution

Fugina, Kathryn | January 1, 2006

While the economy continues to grow on a global scale, large companies seeking to stay competitive must look to international markets as a means of expansion and trade. As international mergers become a more common means of accomplishing these goals, an increasing number of countries are adopting competition laws. Unfortunately, the laws of different countries and regions can, and do, come into conflict. This paper examines the merger control laws of both the United States and the European Union, why these laws sometimes conflict, and provides suggestions for possible solutions for minimizing future conflicts. Part II reviews the relevant merger laws of the United States and the European Union. Part III looks at the conflicting nature of U.S. and E.U. standards of review, while Part IV analyzes current and proposed solutions to merger control conflicts.