Euclid Law is pleased to have submitted its response to the European Commission’s public consultation on the Draft Merger Guidelines.
Building on recent posts by Andrea Zulli and Iman Ahmed on resilience and sustainability, our response welcomes the Commission’s efforts to modernise its merger assessment framework to reflect today’s market realities.
In particular, we highlight the importance of a clear, balanced and evidence-based approach to merger control – one that provides legal certainty for businesses while allowing the Commission to take proper account of broader competitive dynamics, including investment, innovation, security of supply, resilience and sustainability.
“Ultimately, the success of the new Merger Guidelines will not be measured by the number of additional categories of efficiency they recognise. It will be measured by whether those categories become capable, in practice, of influencing merger outcomes. The introduction of resilience and sustainability will represent a genuine evolution only if the accompanying evidentiary framework enables such benefits to be advanced, tested and accepted under conditions that are methodologically comparable to those governing the assessment of competitive harm.”