International Investigations and Merger Reviews: A Handbook for Antitrust Counsel

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Cooperation among competition enforcers is a fact of life for counsel advising international businesses. A merger may need clearance in multiple jurisdictions, or a cartel may be under investigation globally. Lead counsel will be called upon to make decisions about strategy and coordination crucial to successfully managing the demands of multiple agencies. This handbook provides counsel with a practical guide for making such decisions.

Chapters address the following topics in depth:

• Legal bases for cooperation among competition agencies
• Information exchanges by competition agencies, with particular consideration to the United States, Japan, and Canada
• Protecting attorney-client communications, attorney work product, and data
• Working with multiple competition agencies in a merger review
• Working with multiple competition agencies in a cartel investigation

More than a hundred pages of appendices present further valuable resources for counsel, including model forms, representative merger laws and regulations, and information on the requirements of leniency programs in key jurisdictions.

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