Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Merger Control
6.
Appeal
6.1
Can the parties appeal the authority’s decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and what sort of appeal will the reviewing court or tribunal conduct (eg, will it be limited to errors of law or will it conduct a full review of all facts and evidence)?
United States

Answer ... Parties can appeal decisions made by the Federal Trade Commission (FTC) or by a district court in a Department of Justice or FTC enforcement action. All aspects of the decision can be appealed, including divestiture orders and other remedial actions. The standard for the reviewing court is ‘clearly erroneous’, as agencies’ decisions and/or determinations are considered with a high degree of deference. However, a reviewing court is not limited to errors of law and may conduct a full review of all facts and all evidence known to the agencies at the time of the decision.

For more information about this answer please contact: Joseph Ostoyich from Baker Botts
6.2
Can third parties appeal the authority’s decision, and if so, in what circumstances?
United States

Answer ... Third parties do not have standing to appeal a decision by the agencies and therefore cannot appeal the agencies’ decision. The only recourse that a third party has in this situation is to bring its own case against the transaction.

For more information about this answer please contact: Joseph Ostoyich from Baker Botts
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Topic
Merger Control