EU CONTROL OF CONCENTRATIONS: UPDATE TO THE REALITY OF GLOBAL BUSINESS?
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Abstract
The European Union is intensively discussing changes in its merger control to adapt the existing regime, laid down by Regulation No 139/2004 (EUMR), to new realities. These are, besides the challenge posed by the development of the digital economy, issues connected with the global success of competitors from non- EU countries, which are presumed to be better placed to succeed in global competition due to more lenient policies of their home countries while EU businesses remain subject to disproportionally stricter competition supervision. In the current EU, the call for some subordination of competition decision-making to industrial policy priorities is growing in order to allow EU-based companies to grow through mergers and acquisitions and reach the size necessary for withstanding competitive pressure from non-EU corporate giants. The text maps and evaluates current proposals for changes to the EU merger control regime, advocating maintaining a strong competition policy unsubordinated to industrial policy, however a competition policy which would be more sensitive to its wider context.
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