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Overview   Mergers

EVH v Commission

The Commission takes note of the judgments of the Court of Justice of the European Union upholding the 2023 judgments of the General Court and thus the 2019 Commission's decision approving, under the EU Merger Regulation, the acquisition of Innogy by E.ON.
In its judgment, the Court of Justice confirmed that the Commission was correct in assessing the different parts of the asset swap as two separate concentrations.
The Court of Justice confirmed that the Commission and the General Court were correct in assessing the transaction within the boundaries of the EUMR, and not through Regulation 1/2003.
Furthermore, the Court of Justice confirmed that the analytical framework applied by the Commission was sufficiently and adequately explained, and that the General Court did not reverse the burden of proof with respect to submitting evidence on the effects of the transaction.
See also Curia's press release.

 
From Checkout Counters to Negotiation Tables: Bargaining Power in the Mars/Kellanova Deal

The Commission unconditionally cleared Mars' USD 36 billion acquisition of Kellanova following an in- depth Phase II investigation.
The investigation focused on a bargaining theory of harm, namely whether combining Mars' brands with Kellanova's salty snacks (Pringles) and cereals (Kellogg's) brands would give the merged entity excessive leverage in negotiations with retailers, potentially leading to higher consumer prices.

 
Shaping the Future of EU Merger Control Conference

On 5 March 2026, DG Competition will host a conference to discuss key aspects of the ongoing review of the Merger Guidelines. This event will bring together leading experts and stakeholders to explore the latest developments and challenges in EU merger control.

The conference will debate three broad themes:

  1. Driving productivity and innovation in the Single Market: the role of EU Merger control;
  2. How can mergers promote a more sustainable Europe?; and
  3. Mergers and the cost of living: price effects, workers woes and other impacts to society.

The conference will be held only in-person. DG Competition plans to inform the admitted participants via email by 13 February 2026.

 
Brasserie Nationale / Boissons Heintz – Too much foam? Brussels reviews a deal already bottled

Following a request by the Luxembourg competition authority pursuant to Article 22 of the EU Merger Regulation, the European Commission conducted an expost review of the acquisition of Boissons Heintz by Brasserie Nationale.
The Transaction was cleared in Phase I, subject to the divestiture of Boissons Heintz’s on-trade activities. This divestment business has been acquired by a Belgian wholesaler, Brasserie Maziers, that the Commission approved. This remedy enables Brasserie Maziers to enter into Luxembourg and contributes to the further integration of the internal market.

 
Shaping the future of merger control

The OECD Competition Division and the European Commission Directorate-General for Competition (DG COMP) are joining efforts to bring together key findings from the revision of the OECD Recommendation and the European Commission’s public consultation. Experts on merger control will discuss current international best practices and principles that govern merger control, touching upon aspects of competitiveness, resilience and the effects of mergers on innovation.
The event publicly presents the revision of the OECD Recommendation on Merger Review amended by the OECD Council meeting at Ministerial level on 3 June 2025 and showcases core insights from the European Commission’s public consultation.

 
Review of the EU Merger Guidelines – Stakeholder Workshops

In the context of the review of the Merger Guidelines, as a follow-up to the public consultation, DG Competition is organizing two interactive technical stakeholder workshops on key aspects of the review of the Merger Guidelines. The aim of the workshops is to gather views on these important topics of the review and discuss how they could be incorporated in the draft Merger Guidelines.

  1. Workshop 1: Scale, Competitiveness and Efficiencies. Brussels, 4 December 2025, 9.00 – 17:00 CET
  2. Workshop 2: Innovation, Investment, Sustainability, Labour and Democracy. Brussels, 20 January 2026, 9.00 – 17:00 CET

 
New issue of Competition Merger Brief

The third issue of 2025 includes the following articles: SES/Intelsat - Merger Control in a Changing Satellite Market; UniCredit/Banco BPM - A Shakespearian drama; and Liberty Media/Dorna Sports - How to avoid going round in circles (on market definition).

 
Commission opens in-depth investigation into the proposed acquisition of joint control over TERCAT by TIL and Hutchison Ports

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of joint control of Terminal Catalunya (‘TERCAT') by Terminal Investment Limited Holding (‘TIL') and Hutchison Ports. The Commission has preliminary concerns that the transaction may lead to higher prices or reduced quality of container terminal services at the port of Barcelona, Spain.

 
Commission opens in-depth investigation into the proposed acquisition of Anglo American's nickel business by MMG

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of Anglo American's nickel business (‘the target') by MMG. The Commission has preliminary concerns that the transaction could enable MMG to divert ferronickel supply away from European markets, leading to higher costs and reduced quality in European stainless steel production.

 
New issue of Competition Merger Brief

The second issue of 2025 includes the following articles: Broadcom/VMware – the importance of speaking the same language; Korean Air/Asiana – a race for cargo space; Buying Ansys - A Synopsys of a chip design story; International Paper / DS Smith – Blurred Lines in a Square-Box Deal; Constantia / Aluflexpack – Unpacking comPETition concerns; Safran/Collins – Remove Concerns Before Flight.

 
Publication of contributions to the public consultation on the review of the EU Merger Guidelines

The European Commission published the contributions received in response to the public consultation on the review of the EU Merger Guidelines. The package includes a Summary of the feedback, along with an Overview of the main trends identified in the replies to the General and In-depth Consultations.
The key opinion trends will be debated during the interactive technical stakeholder workshops. Furthermore, a dedicated conference “Shaping the Future of EU Merger Control” will take place early next year.