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EU merger control – Draft revision of simplified procedure and merger implementing regulation

Policy field

Competition: Merger control

Target group

Citizens, public authorities, organisations, and, in particular, the business community and their representatives as well as other stakeholders including industry associations and consumer interest associations who have had direct experience in applying the EU Merger Regulation (Regulation (EC) No 139/2004 on the control of concentrations between undertakings, OJ L 24, 29.1.2004, p. 1).

Period of consultation

From 27.03.2013 to 19.06.2013


Objective of the consultation

The European Commission is seeking stakeholders' views on a proposal to simplify certain procedures for notifying mergers under the EU Merger Regulation. The proposal aims to make EU merger control even more business-friendly by cutting red tape and streamlining procedures. This initiative is part of the Commission's overall effort to make administrative procedures less burdensome for business, thereby stimulating growth and making Europe more competitive.

In particular, the Commission proposes to update the Notice on a simplified procedure for treatment of certain mergers. Under this notice, companies can use a shorter notification form for certain categories of mergers that are generally unlikely to raise competition problems. The Commission can then clear such cases without an extensive market investigation. The Commission now proposes to expand the scope of the simplified procedure, in light of experience and the Commission's substantive merger guidelines.

In addition, the Commission proposes to amend the Regulation implementing the Merger Regulation to update and streamline the notification forms that merging companies need to submit to the Commission.


View the consultation document

Reference documents and other, related consultations

Contact details

Responsible service: DG Competition, Unit A2

Please always indicate the reference number in your correspondence: HT. 3495

E-mail address for replies: comp-merger-registry@ec.europa.eu

Postal address:
European Commission
Directorate-General for Competition
Merger Registry
Tour Madou – MADO 12/76
1049 Bruxelles/Brussel
BELGIQUE/BELGIE
Fax: +32 229 69583

If you have questions concerning the consultation, please do not hesitate to contact us by email to comp-a2-mail@ec.europa.eu or by phone: +32 229 86982.

Replies to the consultation

Summary of responses

A public consultation on the Merger Simplification Project was launched on 27 March 2013 and closed on 19 June 2013. Comments from a large number of stakeholders were received and analysed. In the interest of transparency, the Commission is publishing a brief summary of the main comments received during the public consultation. This summary is not intended to give an account of each and every comment raised by the various respondents and does therefore not intend to provide guidance on the extent to which the Commission considers any of these comments justified.

Public authorities
  • Danish Competition and Consumer Authority en
Registered organisations
  • AFEP - French Association of Large Companies en
  • Bundesverband der Deutschen Industrie de
  • Business Europe en
  • CEFIC - European Chemical Industry Council en
  • City of London Law Society en
  • Japan Business Council in Europe en
  • Linklaters en
Non-registered organisations
  • Allen & Overy LLP en
  • American Bar Association en
  • American Chamber of Commerce to the European Union en
  • Ashurst LLP en
  • Association des Avocats Pratiquant le Droit de la Concurrence en
  • Baker & McKenzie en
  • Cleary Gottlieb Steen & Hamilton LLP en
  • Clifford Chance LLP en
  • CMS en
  • Dickson Minto W.S. en
  • European Competition Lawyers Forum en
  • Freshfields Bruckhaus Deringer LLP en
  • Herbert Smith Freehills LLP en
  • Hogan Lovells en
  • International Bar Association en
  • International Chamber of Commerce en
  • In-house Competition Lawyer's Association en
  • Jones Day en
  • Merger Streamlining Group en
  • Shearman & Sterling LLP en
  • Vinge en

Results of consultation and next steps

On 5 December 2013 the Commission adopted the final documents:

See the press release and frequently asked questions.


Protection of personal data Privacy statement


  
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