NOTIFICATION AND PROCEDURES SUBGROUP Maria Coppola Tineo US Federal Trade Commission Sixth Annual Conference Moscow, Russia May 31, 2007

Subgroup Mandate The mandate of the Notification and Procedures subgroup is to: examine procedural aspects of merger notifications and review, and review issues of jurisdiction, timing, scope of the merger notification and information requirements, and timing of merger reviews. The subgroup is also responsible for collecting information on the merger review systems of ICN Members and making them available online.

Subgroup Participants Members Australia Canada European Union France - DGCCRF Germany Italy Japan Mexico Switzerland United States – FTC and DOJ Australia Dave Poddar Canada Kevin Ackhurst Gail Jaffe Omar Wakil European Union David Anderson Jonas Koponen Gerwin van Gerven Japan Kei Amemiya South Africa Anthony Norton John Oxenham United States American Bar Association (Joseph Krauss, Robert Schlossberg) Ariel Ezrachi Ronald Stern Joseph Winterscheid International Legal and Business Organizations Business Industry Advisory Council (John Taladay, Jane Antonio) International Bar Association (William Rowley) International Chamber of Commerce (Robert Kwinter) Non-Governmental Advisors

Subgroup Projects 1. Defining “merger” transactions for purposes of merger review 2. Implementation: monitoring, benchmarking, guidance 3. Templates and web links

Implementation ICN member jurisdictions with merger review provisions continue to make changes that bring their merger review systems into greater conformity with the Recommended Practices. Third annual conference (2004): 8 ICN members Fourth annual conference (2005): 23 ICN members Fifth annual conference (2006): 34 ICN members Sixth annual conference (2007): 37 ICN members

Highlights: Recent changes Australia Estonia Mexico Poland Possible changes Brazil South Africa Portugal

Future Work Determining notification thresholds Continue to promote conformity with the Recommended Practices work with competition agencies to assist implementation efforts, discussion and dissemination, and encouragement of private sector advocacy

Breakout Sessions Halls 1, 2 10:30-10:50 Definition of covered transaction 10:50-11:00 Local nexus requirements for merger thresholds Halls 3, 4, 5, 6 10:30-10:50 Determining appropriate thresholds for merger notification 10:50-11:00 Implementation of Recommended Practices