European Commission Seeks Feedback on EU Merger Guidelines Overhaul

The European Commission has initiated a public consultation to gather feedback on its planned comprehensive review of the EU merger guidelines, aiming to modernize the framework used to assess the competitive impact of mergers. This overhaul seeks to broaden the scope of merger assessments to give adequate weight to factors such as innovation, sustainability, resilience, investment intensity, decarbonization, digitalization, and defense and labor considerations. The consultation includes seven focused papers addressing these key economic and societal challenges, with stakeholders invited to contribute through detailed questionnaires. EU Antitrust Chief Teresa Ribera emphasized the need for evolving merger control policies to reflect current market trends and geopolitical shifts, aiming to promote innovation and strengthen Europe's economic resilience. While some telecom providers support greater emphasis on innovation and investment benefits, national competition watchdogs have expressed concerns about potential negative impacts on service quality and market fragmentation. Despite the ambitious nature of the review, significant changes to the longstanding merger rules are not widely expected due to prior legal endorsements and regulatory caution.