Home » Notes » Judicial Interference: Redefining the Role of the Judiciary within the Context of U.S. and E.U. Merger Clearance Coordination

Judicial Interference: Redefining the Role of the Judiciary within the Context of U.S. and E.U. Merger Clearance Coordination

PDF · Yasmine (Becky) Carson · Jul-25-2012 · 40 VAND. J. TRANSNAT'L L. 1543 (2007)

In December 2003, Sony and Bertelsmann AG (BMG) sought approval from the Federal Trade Commission and European Commission to effectuate a joint venture between the two companies.  Remarkably, almost two years after both antitrust authorities had cleared the Sony-BMG joint venture, the Court of First Instance annulled the European Commission’s decision to approve the transaction.  This groundbreaking decision by the Court of First Instance has the potential to undermine coordination efforts between antitrust authorities in the United States and the European Union, as well as to frustrate the predictability and efficiency that businesses need in merger regulation.  Using the regulatory review of the Sony-BMG transaction as a starting point, this Note examines judicial review of merger clearance decisions in the United States and the European Union.  The Note then suggests that judicial standards of review should recognize successful multinational coordination as a reason to defer to antitrust authority decisions and require increased transparency to facilitate such review.




Leave a Reply

ExpressO Top 10 Law Review

ANNOUNCEMENTS

May 2018 Issue on the Second Israel Defense Forces International Conference on the Law of Armed Conflict. Read more about the Journal’s May 2018 issue here.

Thank you to everyone who attended the Journal’s 50th Anniversary celebration on October 5, 2017! View photos from the event here and read about the Journal’s history here.

Connect with the Vanderbilt Journal of Transnational Law on LinkedIn.

The Journal is pleased to listed as the #5 International Law Journal by the 2017 Washington and Lee Law Journal Rankings.

The Journal is pleased to announce the 2017-2018 Board of Editors: here

The Journal is very excited about the success of our February 2017 Symposium, “Sovereign Conduct on the Margins of the Law.” Read more about our February 2017 Symposium here

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2017-2018 Write-On Competition Winners.

Video is available from the Vanderbilt Journal of Transnational Law’s 2015-2016 SymposiumThis is Not a Drill: Confronting Legal Issues in the Wake of International Disasters. Watch here.

Explore Other Vanderbilt Law Resources