Tuesday, April 30, 2019

EU Merger Regulation – Review of 2017 and Beyond

Bernd Meyring and Neil Hoolihan describe EU Merger Regulation – Review of 2017 and Beyond.


  • 2017 saw a continuation of the Commission’s focus on concerns regarding reduction in innovation. The decision in Dow/Dupont is noteworthy because it assessed an impediment of innovation outside the framework developed for pipeline competition.

  • We saw several mergers in consolidated industries where the Commission imposed significant remedies to remove competition concerns. Moreover, to ensure the continuity of the divested business in the hands of a purchaser with suitable capabilities, up-front-buyer requirements have become a frequent feature.

  • The Commission’s enforcement practice showed that acting against companies infringing procedural requirements of the Merger Regulation (particularly, preventing ‘gun jumping’) is a high priority.


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