This will be of interest to any company considering a merger with an entity at a different level of distribution, which is now seen as raising more regulatory issues than in the past in the United States. The US competition agencies (DOJ and FTC) are hoping to provide some guidance and predictability to firms around the world that may be contemplating deals with a US component.
This update will be of interest broadly to any company doing business in the United States. A competition violation committed outside the United States, which has or could have an effect on US commerce, may result in company officers being extradited and imprisoned in the United States. We have prepared this update exploring the extradition of a Dutch national from Italy in a recent case.