Public Interest Considerations in US Merger Control: An Assessment of National Security and Sectoral Regulators

The book "Public Interest Considerations in US Merger Control: An Assessment of National Security and Sectoral Regulators" explores the enforcement goals and regulatory framework of merger control assessment in the US, highlighting the varying approaches adopted by different regulatory authorities and the potential for contradictory outcomes. It suggests that the application of the public interest standard can result in a complex and inefficient merger review process and recommends new ways to address these inefficiencies.

Format: Hardback
Length: 320 pages
Publication date: 18 January 2024
Publisher: Oxford University Press

Public Interest Considerations in US Merger Control: An Assessment of National Security and Sectoral Regulators is a comprehensive exploration of the enforcement objectives and regulatory framework of merger control assessment in the United States. The assessment approaches employed by various US regulatory authorities, including the Committee on Foreign Investment in the United States, the Federal Communications Commission, the Department of Transportation, and the Board of Governors of the Federal Reserve System, are examined in detail by Kokkoris. The author argues that the assessment of US mergers can be intricate due to the possibility of transactions being evaluated under both a public interest test by one sectoral authority and a competition test by the Federal Trade Commission or the Department of Justice. These overlapping approaches can result in contradictory outcomes, undermining effective competitive dynamics within the sectoral market.

The book delves into the composition, legislation, and pertinent public interest considerations of each regulatory authority, presenting seminal cases that illustrate the diverse enforcement approaches and potential discrepancies between competition law-based assessments and national security or public interest-based assessments. By distilling these various considerations, Public Interest Considerations in Merger Control suggests that the application of the varying shades of the public interest standard can lead to a complex and inefficient merger review process. Consequently, the book proposes innovative solutions to address these inefficiencies.

Weight: 786g
Dimension: 179 x 253 x 25 (mm)
ISBN-13: 9780192864451