EU Survey: Mergers

in Law

Recently, the EU Commission published a consultation on the EU Merger Regulation or EUMR (Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings). Submission of responses to the consultation is due this Friday – January 13, 2017. Our firm will file its round.

The purpose of the consultation is to collect opinions of stakeholders on various aspects of the EU merger control. Such opinions will be evaluated by the Commission and will be used in a Staff Working Document, in an effort to evaluate procedural and jurisdictional aspects of the EU merger control. Merger control is one of the instruments of the EU competition law whose objective is to ensure that competition in the internal market is not distorted by business concentrations.

The scope of the evaluation sought by the consultation  includes the following procedural and jurisdictional aspects of EU merger control: [1] Simplification: treatment of certain categories of cases that do not generally raise competitive concerns, as set out in the EUMR, the Implementing Regulation, and the Commission Notice on simplified procedure; [2] Functioning of the turnover-based jurisdictional thresholds set out in the EUMR in light of the highly valued acquisitions of target companies that have not yet generated substantial turnover; [3] Functioning of the case referral mechanisms set out in the EUMR, the Implementing Regulation, and the Commission Notice on case referral; and [4] Certain technical aspects of the procedural and investigative framework for the assessment of merger.

This consultation aims to continue the evaluations rendered by the 2009 and 2013 consultations and seeks to ascertain that the EU merger control is efficient and doesn’t need significant change.

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