On July 9, 2014, the European Commission (Commission) launched a
public consultation on proposals contained in its White Paper,
"Towards More Effective EU Merger Control." The proposals
aim to introduce a tailor-made review system targeting
non-controlling minority shareholdings that may affect competition
and to simplify existing referral procedures.
The proposals surrounding minority shareholdings aim to address
the current "enforcement gap" that has emerged due to the
Commission's current lack of power to address competition
concerns arising from acquisitions of minority shareholdings. The
Commission proposes to introduce a light review system requiring
parties to submit an information notice containing basic
information about a proposed acquisition to allow the Commission to
determine which cases could potentially be problematic and
therefore suitable for full review. The proposals would bring the
Commission's powers in line with those held by regulators in
some