Competition authorities of the EU and of the US agreed to further strengthen cooperation on mergers

On 13 of October, a high-level symposium commemorated the 20th anniversary of the EU-US cooperation agreement. At the celebrations, the competition authorities of the European Union and of the United States have agreed to further strengthen cooperation on mergers investigated in both jurisdictions. The revision provides greater detail on issues regarding timing, collection of evidence and definition of remedies.

During the annual top-level meeting between the European Commission and the US Antitrust Division of the Department of Justice and the Federal Trade Commission, it was announced a strengthen cooperation in the area of competition policy in both jurisdictions, the EU and the US. The revision provides greater detail on issues regarding timing, collection of evidence and definition of remedies. It also underlines the substantial contribution that merging parties can make in facilitating the cooperation, in particular by making sure the two authorities are notified at broadly the same time. Such cooperation is in the merging parties' interest to avoid inconsistent remedies. The EU and the US also strengthened cooperation this year in other fields such as facing the mounting global cyber-crime.

During the high-level symposium commemorated the 20th anniversary of the EU-US cooperation agreement celebrated on 13 of October, participants highlighted the success of the agreement in expanding the communication among the agencies. They agreed that transatlantic cooperation is beneficial for companies and consumers in both jurisdictions as it reduces the risk of diverging outcomes for companies and ensures consumers' interests are protected. Participants also reflected how this bilateral cooperation can develop in a globalised economy in a world of multiple players.

The Best Practices on cooperation in merger investigations are not a binding legal instrument but provide an advisory framework for cooperation. They state as their main intention to promote fully informed decision making on the part of the European commission and the US authorities, to minimise the risk of divergent outcomes, to facilitate coherence and compatibility of merger remedies, to enhance efficiency of proceedings, reduce the burden on the merging parties and third parties and to increase the overall transparency of the merger review process. The Cooperation Agreement foresees an annual bilateral meeting to exchange information on current enforcement activities and priorities, on economic sectors of common interest, to discuss policy changes that are being considered, if any, and other matters of mutual interest.