J. Tateno and D. Dąbrowski: New EU guidelines on merger control – what to expect?

On April 30, the European Commission published a draft of new merger control guidelines on its website, intended to replace the existing guidelines from 2004 and 2008 (covering horizontal and non-horizontal mergers, respectively).

The draft guidelines propose expanding the range of factors considered when assessing mergers. The Commission will examine, among other things, the benefits of the merger resulting from economies of scale, such as increased competitiveness of the merged companies in a global context. Particular emphasis is to be placed on analyzing benefits with a long-term dimension—such as the impact on sustainable development, innovation, security, or the resilience of the European market. In this regard, the Commission provides guidance for assessing so-called “killer acquisitions,” which may be of significant importance in rapidly changing market conditions.

The new guidelines represent the most significant change to EU merger control in many years. Their final form is not yet known—the draft is currently in the public consultation phase. Comments on the draft may be submitted until June 26, 2026 – https://competition-policy.ec.europa.eu/mergers/review-merger-guidelines_en

It is worth following the further stages of work on the guidelines—not only because this document is of fundamental importance to businesses planning mergers subject to the Commission’s review, but also because it is an extremely valuable source of knowledge about current trends in merger assessment and the Commission’s perspective on the application of competition law.