European Economic
and Social Committee
Merger control
Key points:
The EESC welcomes the White Paper in as much as it strengthens one of the pillars of EU competition policy and simplifies procedures.
The EESC:
- suggests that the theory of harm which the White Paper takes as its basis consists in duly identifying how competition, and therefore ultimately consumers, might possibly be harmed;
- recommends that the social repercussions, particularly employment and companies' ability to compete on world markets, should also be taken into account in the new regulatory framework;
- believes that the "targeted" transparency system the Commission is advocating should make sufficiently clear the concepts of: "competitor" based on the criterion applied in antitrust measures, "vertically related company", the nature of the links making the acquired shareholding "significant", and the case of corporate groups with activities in a range of sectors;
- believes it is important for the reputation gained by the EU merger control system to be maintained and even enhanced;
- The EESC therefore suggests re-thinking the White Paper with a view to harmonising Member States' legislation, reviewing requirements with regard to compulsory notifications and making more progress towards a "one-stop shop" system;
- also welcomes the measures for simplifying procedures, particularly in the case of joint ventures outside the EEA.
Other EESC relevant opinions:
- Report on Competition Policy 2013 (INT/746 - ongoing opinion)
- State aid modernisation (CESE 1689/2012 - INT/647)
- Mergers and divisions (CESE 332/2009 - INT/460)
- White paper - Breach of antitrust rules (CESE 611/2009 - INT/429)
- Mergers of public limited liability companies (CESE 486/2008 - INT/421)
- Mergers or divisions of public limited companies (CESE 796/2007 - INT/355)
- Cross-border mergers of companies with share capital (CESE 664/2004 - INT/223)
- Horizontal mergers (CESE 1170/2003 - INT/188)
- Control of concentrations (CESE 1169/2003 - INT/168)