On 6 June 2025, the European Commission opened a public consultation as part of its comprehensive review of the EU merger guidelines. The initiative aims to update the current framework used by the Commission to assess the competitive impact of mergers, in light of major economic transformations such as digitalisation, decarbonisation, and shifts in the EU’s defence and security landscape.
The review encompasses both the 2004 Horizontal Merger Guidelines and the 2008 Non-Horizontal Merger Guidelines, and seeks to integrate considerations related to innovation, investment intensity, sustainability, and resilience. It also aims to reflect evolving enforcement practices, case law from the Court of Justice of the EU, and broader economic shifts impacting competition across sectors.
To enrich the consultation process, the Commission has published seven focused discussion papers addressing key themes: competitiveness and resilience, market power, innovation, decarbonisation, digitalisation, efficiencies, and defence and labour market considerations. Stakeholders are invited to provide feedback through both a general public consultation and an in-depth technical questionnaire. The deadline for submissions is 3 September 2025.
