How to control global mega-mergers? On premises of the discusseed amendment to the EU Merger Control regulation
Abstract
The European Union is intensively discussing changes in its merger control to modify the existing regime, laid down by Regulation No 139/2004, to new realities. These are, firstly, the development of the digital economy, whose key parameters go beyond the classical concepts of market competition and its effects, on which the EU competition law has been built.
Secondly, the change is the global success of competitors from economies that are not based on liberal values and socio-economic models and are therefore better placed to compete with EU businesses subject to strict competition supervision. The text maps and evaluates current proposals for changes to the EU merger control regime, advocating maintaining a strong competition policy unsubordinated to industrial policy, however, a competition policy which would be more sensitive to its wider context.