The EU Commission publishes practical information for merging parties on how to seek guidance about Article 22 referral

The European Commission has published a Frequently Asked Questions and Answers ("Q&A") document which aims to provide practical information with respect to the application of its recently revised Article 22 referral policy. The Q&A in particular addresses how transaction parties can approach the EC for "early indications" whether a transaction is a candidate for referral under Article 22.Background In March 2021, the European Commission ("EC") published a guidance paper ("Guidance Paper", available here, and our alert here) that, with immediate effect, encouraged national competition authorities to refer certain transactions to the EC for review, even where they do not meet the national merger control thresholds of the referring Member States. Under Article 22 of the EU Merger