April 23
Juan Jonás
31st March 2021
Competition & State Aid

Commission Communication on the application of the referral mechanism under the Merger Regulation 

The European Commission has issued a Communication that provides practical guidance on the application of the referral mechanism set out in Article 22 of the Merger Regulation to certain categories of cases. 

The Commission considers that the concentration review mechanism set out in Article 22 has generally proved to be effective in controlling transactions with a considerable impact on the EU internal market. Nonetheless, the Commission also believes that certain cross-border transactions with such potential impact have escaped the review mechanism by both the Commission and national authorities, particularly in the pharma and digital sectors. 

Against this backdrop, the Commission has reappraised the effectiveness of the


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