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.
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