Commission seeks feedback on the review of EU merger guidelines

This article is brought to you in association with the European Commission.

The European Commission has launched today a public consultationto seek feedback on its ongoing review of the EU merger guidelines. The merger guidelines describe the framework that the Commission applies when assessing the competitive impact of mergers on markets. The review process will focus on how the Commission’s assessment should give adequate weight to innovation, efficiency, resilience, the time horizons and investment intensity of competition in certain strategic sectors, sustainability, the changed defence and security environment and other acute transformational needs of our times.

Any interested citizen, business or association can contribute by replying to the general public consultation questionnaire available here.

In addition, the Commission has published seven focused papers, elaborating on a wide range of current challenges and on the legal and economic parameters used in its merger control assessment. The papers aim at stimulating discussion and cover topics that are key for the EU economy, namely competitiveness and resilience, market power, innovation, decarbonisation, digitalisation, efficiencies, defence and labour considerations. The papers will be the basis for a continued targeted engagement with stakeholders even after the public consultation, including through dedicated events and workshops. Any person wishing to provide technical feedback on any of the focused papers may contribute by replying to the in-depth questionnaire available here.

The deadline to reply to the general and in-depth questionnaires is 3 September 2025.

The merger guidelines review

The review will cover both the guidelines for the assessment of mergers between actual or potential competitors in the same relevant market (i.e., horizontal mergers guidelines of 2004) and those for the assessment of mergers between companies operating at different levels of the supply chain (i.e., non-horizontal merger guidelines of 2008).

Since the introduction of both sets of guidelines, there have been several transformational changes in the economy, ranging from digitalisation and globalisation to decarbonisation, which can impact competitive dynamics in many markets. Many of those changes already surfaced in the enforcement practice of the Commission. After about 20 years, the current review of these guidelines will serve to update the assessment framework for mergers in light of these changes and new market realities, and also enable us to reflect the case practice and the case law of the Court of Justice of the European Union.

The aim is to provide a comprehensive, predictable, and lasting framework. The revised guidance should offer a refreshed yet legally and economically sound, predictable, and evidence-based analytical framework, for all types of mergers and all economic sectors. The primary mission of EU merger control will remain the same: preserving a vibrant and competitive internal market which drives companies to offer to their customers and consumers innovative, affordable, and high-quality products.

This review will cover not only the areas highlighted in the Political Guidelines and in the Mission Letter to EVP Ribera – as well as in the Competitiveness Compass – including innovation, resilience, investments, and sustainability. It will also reflect broader trends that are relevant for the productivity and competitiveness of the whole European economy, such as digitalisation and sustainability.

More information and next steps

The public consultation process launched today is part of a broader Call for evidence, elaborating on the practical details of the initiative.

In the context of the review of the EU merger guidelines, on 25 March 2025 the Commission launched a Call for tender for an economic study on the dynamic effects of mergers. The deadline to submit proposals is 20 May 2025.

Any interested person can respond to the general public consultation (here) and to the in-depth questionnaire (here), launched today, until 3 September 2025.

The Commission will analyse the responses to the public consultation and publish a summary of the main points and conclusions on the Commission’s ‘Have Your Say‘ portal and on the dedicated webpage of the Commission’s competition website. The Commission will also publish the contributions in the language in which they were submitted.

The results of the public consultation and of the broader stakeholder engagement will feed into the ongoing review of the EU merger guidelines. More generally, the Commission will continue engaging with both citizens and businesses before finalising its review process.

Background

The main objective of the merger control system is to preserve a vibrant and competitive internal market, with dynamic competition. It allows companies to gain scale, to innovate, to invest, and to offer better products. At the same time, merger control prevents the accumulation of market power in the hands of one or a small number of companies, which can harm consumers and businesses, and damage the EU’s productivity and economic growth.

The legal basis for EU merger control is the EU Merger Regulation. In assessing proposed mergers, the Commission considers whether they can be expected to significantly impede effective competition in the EU. If they do not, they are approved unconditionally. If they do, the merging companies may offer remedies, i.e., propose certain modifications to the deal that would guarantee continued competition on the market. If no adequate remedies to the competition concerns have been proposed by the merging parties, the Commission may prohibit the transaction, to prevent harmful effects on businesses and consumers in terms of higher prices, lower quality or a more limited choice of goods or services. Over the last 10 years, about 95% of mergers notified to the Commission were cleared unconditionally.

For more information

More information on the upcoming steps of the review process is available on the dedicated webpage of the Commission’s competition website.

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