Goodwin Antitrust Shorts: Fundamental EU Merger Guidelines Review

On 8 May 2025, the European Commission ("the Commission") launched two public consultations as part of its comprehensive review of the guidelines for horizontal and non-horizontal mergers. For merging parties, the changes to the EU guidelines are likely to mean:

• Updated assessment criteria: Merging parties will need to navigate new criteria that reflect current economic, legal, and technological contexts. This could affect how their mergers are evaluated and the types of evidence required.
• Broader policy considerations: Mergers will be assessed not only on traditional competition metrics but also on their alignment with broader policy goals, such as innovation, resilience, and sustainability. This means merging parties might need to demonstrate how their merger supports these objectives.