Latest trends in merger control in the EU

Despite pandemic-related uncertainty and difficult market conditions, the first half of 2021 saw growth in deal size, contributing to record global deal values in excess of US$1tn per quarter over the past 12 months. Securing merger control approval for complex transactions has become critical to successfully running and expanding a business. 

Unfortunately, we are now in an environment of stricter enforcement, paired with tougher investment control regimes.

Competition law authorities in Europe increasingly express concerns about high levels of concentration across various markets and about fast-paced dynamics, in particular in digital markets. They promote the need for rigorous and effective merger control tools to maintain and promote competition for the benefit of consumers. Many jurisdictions have put tougher rules into effect and the European Commission is encouraging regional competition authorities that lack genuine jurisdiction over potential "killer acquisitions" to refer such transactions to the Commission to close potential enforcement gaps. Countries like Germany and Austria have introduced transaction value thresholds to capture concentrations involving firms that may play a significant competitive role on the market regardless of their turnover at the moment of the concentration. New procedural tools have also been introduced and are accompanied by a greater use of the presumption of harm. This has shifted the burden onto the notifying companies to prove the effects of their merger are not anticompetitive.

Please join Norton Rose Fulbright's competition law experts from Paris and Hamburg as they discuss recent trends and developments in merger control enforcement in the European Union, in the EU's biggest economies France and Germany and selected other jurisdictions.

Continuing education information

This program is eligible for 1 professional practice continuing legal education credit in New York, 1 general CLE credit in Missouri, 1 participatory CLE credit in California and 1 general CLE credit in Texas.