On March 26, 2021, the European Commission (EC) published the findings of its recent evaluation of procedural and jurisdictional aspects of European Union (EU) merger control. The key result is a change in the EC’s policy regarding merger review referrals from EU Member States to the EC. Under the new Guidance on the referral mechanism set out in Article 22 of the EU Merger Regulation (Article 22 Guidance), in certain circumstances, the EC will accept case referrals from Member States even if the transaction is not reportable in that Member State under its national law.
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