Jurisdiction(s):
United Kingdom

Key definition

EU Merger definition

What does EU Merger mean? EU merger, in practice, refers to a transaction subject to EU merger control — i.e., a concentration between undertakings (merger, acquisition of control or creation of a full‑function joint venture) reviewed by the European Commission under Council Regulation (EC) No 139/2004 (the EU Merger Regulation, EUMR). While “EU merger” is descriptive, the defined term in legislation is “concentration”. Such deals trigger mandatory, suspensory notification when the EUMR turnover thresholds for an EU dimension are met, engaging the one‑stop shop and the Commission’s exclusive jurisdiction, subject to referral mechanisms (Articles 4(4), 4(5) and 22). Key features include the standstill obligation (no...

Innovation competition in EU merger control: European Commission guidance and Dow/DuPont analysis on innovation spaces, standard of proof, market structure, metrics, harms, efficiencies and remedies

Published by a LexisNexis Competition expert

Practice notes

ARCHIVED –

this archived practice note examines the European Commission’s method for evaluating innovation-based rivalry within merger reviews and records the state of play at publication (22 June 2018). It is no longer updated any more. Pursuant to the eu merger Regulation, the Commission must evaluate the competitive impact of mergers, acquisitions and joint ventures (concentrations) that satisfy its jurisdictional thresholds. If the Commission harbours serious doubts as to whether a notified concentration would significantly hinder effective competition, it may launch an in-depth (phase II) inquiry and block the deal, unless the notifying party(ies) propose remedies that dispel its concerns. What amounts to a significant impediment to effective competition (siec) depends on the circumstances in practice. Although price effects are indeed the Commission’s usual focus for notified transactions in many assessments, recent rulings have turned the spotlight on its assessment of whether notified deals could suppress ‘innovation competition’ to a significant extent. The fullest account to date of the Commission’s appraisal of notified concentrations’ impact on innovation competition appears in its March 2017 decision in Dow/DuPont (M.7932). That decision proved highly contentious at the time. Even so, the Commission maintains it merely applied well-established principles to the facts presented in the...

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Web page updated on 21/05/2026

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