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Mélanie Thill-Tayara comments on the Commission Notice of 26 March 2021 on the referral mechanism under Article 22 of the Merger Regulation. In this notice, the Commission gave guidance on the type of transactions that are likely to be of interest to it, so that the transaction, even if it does not meet the thresholds - European or national - should be notified. Furthermore, in terms of predictability or legal certainty for companies, the question arises as to whether or not it should be inferred that this mechanism is essentially designed to apply when transactions give rise to major competition concerns that cannot be dealt with in Phase I. However, a number of Member States seem reluctant to apply this mechanism. This is particularly the case for Spain, which considers that this mechanism is not in line with its national law. She wondered whether this might not create a real difficulty, since a priori only the territories of the Member States that have joined the referral request are covered.