The EU Commission announces new policy to accept Member State referrals for merger review even if EC and national thresholds are not met

In September 2020, Competition Commissioner Margrethe Vestager announced that from mid-2021 the European Commission (“EC”) would “start accepting referrals from national competition authorities of mergers that are worth reviewing at the EU level – whether or not those authorities had the power to review the case themselves.” [1] Such referrals could in principle occur post-closing in respect of transactions that were not reportable at the national level because they did not meet the applicable thresholds for national merger review. This possibility may introduce a degree of uncertainty for such transactions that merging parties may want to take account of in their transactional documents. The EC’s power to review transactions in such circumstances has existed since the EU Merger

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Cleary Gottlieb Steen & Hamilton (London)
  • Cleary Gottlieb Steen & Hamilton (London)
  • Cleary Gottlieb Steen & Hamilton (Brussels)
  • Cleary Gottlieb Steen & Hamilton (Cologne)
  • Cleary Gottlieb Steen & Hamilton (Cologne)

Quotation

Nicholas Levy, Maurits J. F. M. Dolmans, Francisco Enrique González-Díaz, Romina Polley, Patrick Bock, The EU Commission announces new policy to accept Member State referrals for merger review even if EC and national thresholds are not met, 11 September 2020, e-Competitions September 2020, Art. N° 97206

Visites 43

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues