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Mergers

What’s new?


SPECIAL MEASURES DUE TO CORONAVIRUS / COVID-19:

MERGER NOTIFICATIONS:

DG COMP has put in place a number of measures to ensure business continuity and has continued to ensure the implementation of the EU Merger Regulation. The Commission has adopted a number of merger decisions and processed the notifications filed by companies.

In the current situation, DG COMP faces difficulties in some cases in collecting information from the notifying parties and third parties, such as their customers, competitors and suppliers, given the disturbances caused by coronavirus outbreak.

Consequently, DG COMP encourages parties to discuss the timing of notifications of transactions with the relevant case team and to use electronic means to notify their transactions.

DG COMP is committed to helping and supporting business at this difficult time. It will deal with notifications to the best of its ability.

DG COMP stands ready to deal with cases where firms can show very compelling reasons to proceed with a merger notification without delay.

DG COMP will provide updated information as the situation evolves.

TEMPORARY ACCEPTANCE OF ELECTRONIC SUBMISSIONS:
Hand deliveries to DG COMP premises will remain possible but may become difficult due to reduced presence of staff. As before, according to the general rules, the delivering law firm or company must call the Merger Registry prior to making a hand delivery.
However, DG Competition will temporarily also accept and actually encourages all submissions in digital format, either:

  • electronically by email to the functional mailbox of the merger registry (comp-merger-registry@ec.europa.eu), putting the case team in copy if one has been assigned, or
  • electronically through eTrustEx.
  • Merger notifications and reasoned submissions filed electronically on Mondays to Thursdays before 17h and on Fridays and days preceding Commission holidays before 16h will be processed on the same day and will thus have the date of receipt as notification date, in line with previous practice regarding paper filings. Submissions arriving after 17h or 16 h respectively will be dealt with the following working day, which will accordingly be considered the notification date.

The delivery of paper originals will then be arranged at a later time. Further information on delivery of merger-related documents can be found here.


You can see all currently open merger cases here


Evaluation of the Commission Notice on the definition of relevant market for the purposes of Community competition law

EU competition rules rely on a common definition of terms, including the concepts of market definition. Market definition is a tool to identify and define the boundaries of competition between undertakings. The objective of defining a market in both its product and geographic dimension is to identify the actual competitors that are capable of constraining the commercial decisions of the undertakings concerned (such as their pricing decisions). It is from this perspective that the market definition makes it possible, among other things, to calculate market shares that would convey meaningful information for the purposes of assessing market power.
The Commission Notice on the definition of relevant markets has the purpose of providing guidance as to how the Commission applies the concept of relevant product and geographic market in competition law enforcement and therefore of increasing the transparency of the Commission’s policy and decision-making in the area of competition policy.
The Commission is now evaluating whether its 1997 Notice on market definition requires updating to ensure that it is accurate and up to date and that it sets out a clear and consistent approach to market definition in both antitrust and merger cases across different industries, in a way that is easily accessible.


Timeline for Mergers and Antitrust policy reviews 2019-2022


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