Merger Referrals in Practice—Analysis of the Cases under Article 22 of the Merger Regulation

Posted by D. Daniel Sokol

Gianni De Stefano (Latham), Rita Motta (Latham), and Susanne Zuehlke (Latham) describe Merger Referrals in Practice—Analysis of the Cases under Article 22 of the Merger Regulation.

ABSTRACT: To date, there have been 26 referral cases under Article 22 of the Merger Regulation and the Commission has declined to accept jurisdiction in three instances only. Although they were apparently restrictive in the use of Article 22 in the past, Member States tend to consider that possibility more often nowadays. An analysis of practice demonstrates that referrals can have dramatic consequences on the outcome of cases.