The Luxembourg Competition Authority joins the EU merger control request to refer a proposed merger between two collaborative design platforms to the Commission for investigation (Adobe / Figma)

Following its statement issued on 29 April 2021 signaling willingness to refer M&As to the EU Commission, the Luxembourg Competition Authority has taken a first substantial step towards a more effective merger control. On 6 March 2023, the Luxembourg Competition Authority published a statement about its first referral request under article 22(1) of Council Regulation 139/2004 (“EUMR”), which it made on 30 January 2023. The request, which was accepted, was submitted by a total of 16 European authorities and concerns the potential competition issues likely to emerge from Adobe’s acquisition of Figma. This referral not only sets a precedent for the Luxembourg Competition Authority, it also marks a significant milestone in its merger control practice by demonstrating the regulator’s

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