Extraterritorial Merger Regulation: Policies, Problems and a Proposal Explored Through the Planned Dow Chemical and Union Carbide Merger

Authors

• Stacy L. Eberhart

Abstract

The note examines the inefficiencies of the current dual merger regulation system between the U.S. and EU, particularly in cases involving large corporations like Dow Chemical and Union Carbide. It argues that the similar approval processes of both jurisdictions lead to redundant filings and wasted resources. The note proposes a reformed system where mergers are primarily regulated by the jurisdiction where the companies are incorporated, with joint regulation only in specific circumstances, such as significant market impact or monopolies.

Disciplines

Antitrust and Trade Regulation | International Trade Law | Jurisdiction | Law

Recommended Citation

Stacy L. Eberhart, Extraterritorial Merger Regulation: Policies, Problems and a Proposal Explored Through the Planned Dow Chemical and Union Carbide Merger, 9 Cardozo J. Int'l & Comp. L. 341 (2001).
Available at: https://larc.cardozo.yu.edu/cjicl/vol9/iss2/5