EU mergers

This Overview guides practitioners through our EU mergers content, directing you to analysis, legislation and resources.

EU merger control allocates jurisdiction and review of concentrations with an EU dimension to the European Commission under Council Regulation (EC) No 139/2004. Practitioners must assess at the outset whether a transaction is a concentration and whether control is acquired (including full‑function joint ventures), then determine if turnover thresholds are met or if a referral is appropriate.

Key issues include the operation of the referral mechanisms (Articles 4(4), 4(5), 9 and 22), following the Commission’s 2021 guidance expanding Article 22 use for below‑threshold cases; the standstill obligation and gun‑jumping risks under Articles 7 and 14; and procedural timetables (Phase I 25 working days, extendable to 35; Phase II 90 working days, with defined extensions).

Substantive assessment applies the significant impediment to effective competition test (Article 2), considering horizontal and non‑horizontal effects and potential competition. Remedies practice emphasises structural divestments, with fix‑it‑first or upfront buyer solutions and trustee oversight.

Procedural rights - access to file, confidentiality, and state‑of‑play engagement - are central. Interactions with national regimes, foreign direct investment screening and the EU Foreign Subsidies Regulation...

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