Merger control

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Opinia EKES-u: 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: