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Review of the Merger Guidelines

Competition

The initiative aims to revise the Commission’s Horizontal and Non-Horizontal Merger Guidelines in view of trends and market realities that are transforming the European economy and the need to ensure that the guidelines are fit for purpose. The revision will build on an evaluation and be supported by an impact assessment report.

Links

Public consultation

ID: 14596

Lobbying Activity

17 responses

SMEunited urges merger guidelines to protect innovative small businesses

SMEunited aisbl, 2 Sept 2025

The organization calls for guidelines to address bargaining power imbalances and prevent killer acquisitions. They propose allowing European champions only when sufficient competition from non-EU players remains.
Stricter rules would prevent large firms from eliminating innovative small competitors through acquisitions.
Large multinational corporations would face more regulatory intervention and restrictions on market consolidation.

Vodafone urges EU to relax merger rules for telecoms investment

Vodafone Belgium SA, 3 Sept 2025

Vodafone requests a move to a dynamic framework valuing long-term innovation. They want network investment efficiencies to receive equal weight to potential harms.
The company would find it easier to consolidate and avoid costly structural remedies.
Regulators would lose their authority to block mergers or mandate large structural divestments.

Deutsche Telekom urges radical shift in EU merger policy

Deutsche Telekom, 3 Sept 2025

The company requests a comprehensive review of the underlying EU Merger Regulation. They argue guidelines should prioritize long-term investment and innovation over narrow price effects. They also seek a balanced standard of proof for demonstrating merger efficiencies.
This would allow the company to expand more easily through large-scale mergers.
Consumers could face higher prices if potential hikes are offset by investment claims.

European Industry Urges Competition Reform to Boost EU Competitiveness

European Round Table for Industry, 3 Sept 2025

ERT wants merger reviews to consider broader EU objectives like competitiveness, sustainability, and resilience alongside traditional competition concerns. They seek a more holistic consumer welfare approach that values long-term innovation and investment, not just short-term price effects. They also want lower barriers for efficiency defenses and more flexible behavioral remedies instead of structural ones.
This would make mergers easier to approve and reduce regulatory burdens on large companies.
Consumers lose stronger protections against mergers that reduce competition and raise prices.

IBM urges EU to keep merger rules focused on competition

IBM Corporation, 3 Sept 2025

IBM urges the Commission to focus merger reviews on competition instead of industrial policy. They advocate for innovation-centric assessments that recognize dynamic market efficiencies in digital sectors. The company also recommends establishing clear thresholds for the review of sub-threshold transactions.
This would allow IBM to acquire innovative startups with less regulatory interference.
National regulators lose the ability to block mergers based on broader public interest grounds.

Orange urges Commission to overhaul outdated EU merger guidelines

Orange, 3 Sept 2025

Orange requests a shift toward a sector-aware approach prioritizing long-term investment over price. They call for balanced evaluations where efficiencies and competitive harms are judged equally.
This would allow Orange to merge more easily to achieve scale necessary for sustainable investment.
Proponents of low-price competition lose as the framework moves away from prioritizing market fragmentation.

Danish Chamber of Commerce Urges More Flexible EU Merger Rules

The Danish Chamber of Commerce, 3 Sept 2025

The Danish Chamber of Commerce requests a holistic approach that prioritizes innovation and resilience. They propose extending the evaluation period for merger efficiencies to seven years in capital-intensive sectors.
Member companies would find it easier to consolidate and justify large-scale infrastructure investments.
Consumers may miss out on larger price drops compared to perfectly competitive markets.

GSMA urges a revolutionary reform of EU merger guidelines

GSMA Europe, 3 Sept 2025

The organization requests a comprehensive reform of the EU Merger Regulation to ensure legal certainty. They want the Commission to adopt a dynamic, long-term, and holistic assessment approach.
This would reduce regulatory hurdles for telecom mergers and protect anticipated business synergies.
The European Commission loses its ability to easily block mergers using simple metrics.

France Digitale urges merger rules that prioritize startup innovation

France Digitale, 3 Sept 2025

The organization requests that the Commission acknowledge the fundamental role of mergers in building a vibrant innovation ecosystem. They propose an 'innovation defence' and a 'presumption of neutrality' for horizontal mergers to ensure growth is not hindered.
These changes would ensure startups have viable exit opportunities and can scale into global champions.
Large non-European firms may face stronger competition from consolidated, better-resourced European innovation champions.

BritCham urges flexible merger rules and closer EU-UK cooperation

British Chamber of Commerce | EU Belgium, 2 Sept 2025

BritCham requests more flexibility for efficiencies and capital reallocation to support innovation. They suggest closer cooperation with the UK to minimize regulatory friction for businesses. Finally, they advocate for considering strategic goals like defense and sustainability in reviews.
Businesses would gain greater certainty for long-term investments through less rigid merger assessments.
Consumers may face higher costs if the Commission prioritizes long-term innovation over prices.

App Association urges EU to protect startup acquisition exit

ACT | The App Association, 1 Sept 2025

The group urges the Commission to recognize acquisitions as a desirable exit for startups. They demand that merger reviews stay based on rigorous, data-driven economic analysis.
This ensures small developers can continue using acquisitions as a viable success strategy.
Enforcement agencies would find it harder to block mergers without meeting high evidentiary standards.

Allied For Startups urges merger rules favoring innovation and exits

Allied For Startups asbl, 3 Sept 2025

The revised Guidelines should presume mergers are pro-competitive unless clear harm is shown. They should adopt an innovation imperative that gives due weight to long-term efficiencies.
Clearer rules would secure credible exit routes and prevent month-long delays in valuations.
Competition authorities might struggle to block acquisitions that eliminate potential future market rivals.

BREKO urges EU to maintain strict telecom merger controls

Bundesverband Breitbandkommunikation e.V., 3 Sept 2025

The association requests that the EU prevent market concentration to ensure continued fiber infrastructure investment. They argue that competition, rather than mergers, drives innovation and protects consumer welfare.
This would safeguard the business case for smaller providers investing in fiber networks.
Large incumbents would be unable to use consolidation to hinder smaller infrastructure rivals.

Consultation response

International Bar Association, 3 Sept 2025

The Mergers Working Group of the Antitrust Section of the International Bar Association (Working Group) welcomes the European Commissions effort to refresh the EU Horizontal and Non-Horizontal Merger Guidelines (the 'EU merger guidelines') where they appear to be patently out-of-date. The Working…

Consultation response

Chamber of Progress, 3 Sept 2025

On behalf of Chamber of Progress a tech industry association supporting public policies to build a more inclusive society in which all people benefit from technological advancements please find our response to the European Commission (EC) Call for Evidence on the Merger Guidelines attached.

Consultation response

DigitalTrade4.EU, 3 Sept 2025

The document is a comprehensive feedback to the European Commissions Call for Evidence on the Review of the Merger Guidelines. It advocates for modernizing the EUs merger control framework to align with the green and digital transitions, emphasizing the integration of data-driven competition,…

Consultation response

ASOCIACION ESPAÑOLA DE STARTUPS, 1 Sept 2025

The revision of the Horizontal and Non-Horizontal Merger Guidelines must be modernized to reflect current market dynamics, particularly in digital and technological sectors, fostering innovation, European competitiveness, and startup growth. The current guidelines fail to adequately capture the…