EU Commission Adopts New Merger Simplification Package

On April 20, 2023, the EU Commission (Commission) adopted and published a package to simplify the procedures for reviewing concentrations under Regulation (EC) 139/2004 of January 20, 2004 (European Union Merger Regulation – EUMR). This package includes a set of three materials comprising (i) a revised Merger Implementing Regulation (Implementing Regulation), (ii) a Notice on Simplified Procedure (Notice), and (iii) a Communication on the Transmission of Documents to the Commission (Communication). The new notification forms (Form CO, Short Form CO, Form RS and Form RM) are also provided as Annexes to the Implementing Regulation.

The core objective of the package is to simplify merger review procedures, with a targeted 25% reduction on reporting requirements. This evolution is more than welcome, especially in light of the very recent Regulation on foreign subsidies distorting the internal market (FSR) which recently entered into force, imposing additional burdens on M&A transactions. We discuss this recent entry into force of the new FSR in our last article, available here.

This new package intends to bring significant benefits for businesses and advisers in terms of easing preparatory work and related costs. Relieving this administrative burden lying on the parties to a concentration should hopefully speed up the approval process by the Commission. The new package will apply from September 1, 2023.

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Jacques Buhart
Jacques Buhart focuses his practice on cross-border mergers and acquisitions and EU/French competition investigations and litigation out of Brussels and Paris. Jacques has also developed substantial knowledge of various industries, including nuclear, telecommunications, pharmaceutical, paper and energy. He is head of the Firm's Paris and Brussels offices. Read Jacques Buhart's full bio.


Stéphane Dionnet
Stéphane Dionnet has over 20 years of experience practicing international competition law, and has experience liaising with competition authorities in the European Union, United States and Asia. Stéphane has advised global corporations on how to navigate complex multijurisdictional merger control matters. He has represented clients in numerous cartel investigations and has also successfully assisted companies in obtaining conditional immunity from the European Commission and other competition law agencies in and outside the European Union. Read Stéphane Dionnet's full bio.


Christian Krohs
Christian Krohs advises clients on all aspects of antitrust and competition law, including antitrust litigation, as well as compliance matters. Christian has extensive experience in all areas of EU and German antitrust and competition law, particularly in relation to cartel investigations, cartel damages claims, abuse of dominance proceedings and both national and international merger control projects. He has also advised numerous clients regarding antitrust and anticorruption compliance as well as internal investigations. Read Christian Krohs' full bio.


Frédéric Pradelles
Frédéric Pradelles focuses his practice on French and European competition law. He regularly advises international clients in abuse of dominance cases, cartel investigations and on distribution matters, notably in the context of litigation before the French and European competition authorities and courts. Frédéric also advises clients in global, European and national merger control cases, including Phase II cases. He has extensive experience in the notification of strategic alliances and joint ventures as well as negotiating innovative remedies to secure antitrust approval for the deals on which he advises. Read Frédéric Pradelles's full bio.


Hendrik Viaene
Hendrik Viaene focuses his practice on competition law, regulated markets and regulatory law. He advises clients across a wide range of related issues including state aid, cartels, licensing agreements, merger filings, M&A negotiations, abuse of dominance cases, and distribution agreements. Hendrik assists governments as well as privately and publicly owned companies. He has a wealth of experience in a range of sector such as energy, chemicals, paints, automotive, financial data, recycling and waste management, telecom, construction, renewables, media, private equity and the financial industry.Read Hendrik Viaene's full bio.

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