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ARTICLE · 29 JUNE 2026

EU Commission And ECN Adopt Joint Statement On Key Principles For Merger Call-in Mechanisms

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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On 23 June 2026 the EU Commission and the network of EU competition authorities (ECN) published a Joint Statement on the implementation of merger call-in mechanisms.

European UnionAntitrust/Competition Law
Kyriakos Fountoukakos
Kyriakos Fountoukakos
Camille Puech-Baron
Camille Puech-Baron
Kristien Geeurickx
Kristien Geeurickx
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On 23 June 2026 the EU Commission and the network of EU competition authorities (ECN) published a Joint Statement on the implementation of merger call-in mechanisms. 

The number of Member States that have adopted call-in mechanisms under which they can take jurisdiction over certain transactions that do not meet their jurisdictional merger thresholds has steadily increased over the last years. They are supported by the Commission and the national competition authorities as they enable interventions in potentially harmful concentrations that would otherwise not be scrutinised. However, these mechanisms also remove the bright-line tests for jurisdiction, making it more difficult for businesses to identify in advance where merger clearance will be required for their proposed transactions and to evaluate related risks and timing implications for closing. 

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