The EU Commission announces the broadening of Member State referral system concerning mergers

The European Commission (EC) has recently announced a change in policy to its referral system to bolster the circumstances in which it will accept referral requests from Member States under Article 22 of the EU Merger Regulation (EUMR). In particular, the EC is encouraging national competition authorities to use the referral mechanism even where transactions do not meet the national merger control thresholds of the referring Member States. The EC is planning to publish further guidance to support this change in policy in mid-2021. Despite the EC’s announcement being largely directed at addressing the EC’s increasing drive to review so-called “killer acquisitions” (including in the tech space), it will make it more difficult for all businesses to assess whether their transactions may

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Authors

  • Freshfields Bruckhaus Deringer (London)
  • Freshfields Bruckhaus Deringer (London)
  • Freshfields Bruckhaus Deringer (Brussels)

Quotation

Rikki Haria, Sharon Malhi, Marta Janek, The EU Commission announces the broadening of Member State referral system concerning mergers, 11 September 2020, e-Competitions September 2020, Art. N° 97428

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