Merger control is one of the core tenets of ensuring a level playing field on the internal market. Merger control can help to prevent the concentration of power of a small number of companies on the internal market. Moreover, mergers can also have far-reaching impacts on wider society (for example, the acquisition of Instagram and WhatsApp by Facebook).
The merger control regime in the EU is dictated largely by EU Merger Regulation No 139/2004 (“EUMR”). In this seminar, you will become familiarised with the provisions of the EUMR and learn about the various steps carried out by the EU Commission in the merger process, including:
• How the EU determines whether a merger falls within its jurisdiction;
• How the EU conducts its initial assessment of a merger under Phase 1 and the subsequent Phase 2 process;
• What types of remedies can be offered by a company where the merger raises competition concerns;
• How a decision by the European Commission on a merger can be appealed before the Court of Justice; and
• The penalties risked if a company breaches a provision of the EUMR.
The seminar will close out with insights on the latest developments in the EU merger regime, and what potential reforms are proposed for the regime (including the impact of the DMA and the FDI Regulation).