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The Dual-Use Regulation gives Europe a common framework for economic security, but divergent national implementation is weakening it. The same transaction can be assessed differently depending on the Member State, with guidance on cloud and software-as-a-service transfers remains unclear. Licensing processes, meanwhile, still assume a physical consignment rather than digital workflows, which sits poorly with how integrated global businesses operate. Companies bear the added cost and legal uncertainty, while the security benefit is limited. A single EU-wide approach to intangible transfers and closer alignment with the US and UK would make controls more predictable and let authorities focus on genuine risks. Read how the revision of the Dual-Use Regulation can deliver a harmonised and future-proof framework for Europe.

On Wednesday, 2 September 2026, Malte Lohan, CEO, AmCham EU met with Esteban Moctezuma Barragán, Mexican Ambassador to the European Union, Belgium and Luxembourg, for an introductory meeting to exchange views on the transatlantic business relationship. Discussions focused on opportunities to deepen EU–Mexico economic ties following the signature of the Modernised Global Agreement and interim trade agreement earlier this year. AmCham EU looks forward to continued engagement with Ambassador Moctezuma and to supporting closer EU–Mexico economic cooperation.

The revised Merger Guidelines1 (‘Guidelines’) should ensure that the EU merger control framework supports competitiveness, innovation and investment while preserving legal certainty, predictability and effective competition. The Guidelines should remain firmly anchored in the significant impediment of effective competition (SIEC) test, apply resilience and scale considerations in a headquarters-neutral and effects-based manner, and provide clearer analytical and evidentiary standards for resilience assessments and the new theories of harm.

The Guidelines should recognise the benefits of scale where these deliver demonstrable advantages for EU consumers, apply the innovation shield consistently across all acquirers, maintain appropriate safe harbours and ensure a balanced and symmetrical assessment of harms and benefits. The Guidelines should also strengthen predictability across overlapping transaction review regimes and provide greater certainty for both EU and non-EU investors. Together, these refinements would help ensure that merger control contributes to competitiveness, innovation and economic growth while maintaining a transparent and proportionate enforcement framework.