Recommendations for improving EU merger control

Key messages

• BusinessEurope supports the Commission’s intention to make EU merger control more efficient and welcomes procedural simplification for unproblematic transactions as well as for case referrals.
• We deem the introduction of an additional jurisdictional threshold based on the value of the transaction, would be excessive and disproportionate. There is no “enforcement gap” within EU merger control that needs to be rectified, and this idea would significantly increase burdens for businesses.
• BusinessEurope strongly supports proposals to streamline procedures and the intention to abolish the two-step procedure and introduce the possibility of filing directly with the Commission.
• We encourage further simplification beyond the Simplified Procedure and a further reduction of time, cost and administrative burdens. Certain types of transactions could be excluded from the formal filing requirement entirely.
• Supporting innovation and putting in place the best possible environment conducive to innovation and the creation, development and success of companies in Europe is key objective where competition policy can play a crucial role.
• In some industries, European businesses compete outside of Europe even if competitors do not yet have business activities or revenues in the EEA. The substantive assessment of a concentration by the Commission in these circumstances should put more weight on the global market environment.