European Commission adopts package to simplify merger review procedures
The European Commission has today adopted a package to simplify procedures for reviewing concentrations under the EU Merger Regulation.
The package includes:
- a revised Merger Implementing Regulation;
- a Notice on Simplified Procedure, and
- a Communication on the transmission of documents.
The new package aims to simplify and expand the scope of the Commission’s review process of unproblematic mergers.
The aim of the new rules is to simplify and streamline both the simplified and normal merger review procedure. In particular:
- The Notice on Simplified Procedure grants the Commission discretion to treat certain cases under the simplified procedure even if they do not fall under any of the default categories for such treatment.
- The Merger Implementing Regulation introduces a new notification form for simplified cases and streamlines the review process of both simplified and non-simplified cases.
- The Communication introduces electronic notifications by default to optimize the transmission of documents to the Commission.
The changes are expected to simplify pre-notification contacts and reduce the time needed for these discussions.
The new rules will be applicable as of 1 September 2023.
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