The European Commission (the ‘Commission’) has launched a public consultation on the 8th May 2025 to gather feedback on its ongoing review of the EU merger guidelines, with the aim of updating the framework for assessing the competitive impact of mergers. This review seeks to reflect changes in the economy, by giving adequate weight to innovation, efficiency, sustainability, and other less major transformational needs amongst others. Feedback to the Commission may be submitted by 3rd September, 2025.
The consultation covers both the horizontal merger guidelines (which were published in 2004), applicable to mergers between competitors, and the non-horizontal merger guidelines (which were published in 2008), applicable with respect to mergers along different levels of the supply chain. The goal is to update the assessment framework based on evolving market realities and legal precedents from the Court of Justice of the European Union, ensuring a strong, evidence-based approach to merger control.
The Commission has also published seven papers addressing current key challenges for the EU economy such as competitiveness, digitalisation, decarbonisation, and market power, defence, and labour considerations. These papers will be used for continued stakeholder engagement through events and workshops, and any person who wishes to provide technical feedback on any of the papers may do so by replying to the in-depth questionnaire by the 3rd September, 2025.
The results of the consultation and the questionnaire shall be analysed by the Commission, and a summary of the key conclusions will be published thereafter.
These results will contribute to the ongoing review of merger guidelines and refine EU merger control, ensuring that it adapts to the changing market conditions while continuing to promote competition within the EU market.
This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr. Annalies Muscat.