Decentralized Globalization : Possible Solutions for Multiple Merger Control Regimes in Cross-Border Transactions

The worldwide development of antitrust laws has led to the spread of merger control regimes. The impossibility to create a cohesive global antitrust system has led to a process of “decentralized globalization” of antitrust. Extraterritoriality and different procedural and material standards have created a high-cost scenario for cross-border transactions. Proposed solutions involve the creation of a supranational global antitrust authority, a multi-level system, the harmonization of national antitrust laws through soft law and bilateral agreements. In this paper, I propose a new solution: the establishment of non-binding case-by-case commissions for the joint assessment of cross-border transactions