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Goodwin’s Submission In Response To The European Commission’s Public Consultation On The Draft Guidelines Accompanying Council Regulation (EC) No 139/2004 On The Control Of Concentrations Between Undertakings
Goodwin Procter LLP submits detailed observations on the European Commission's draft merger control guidelines, identifying four critical areas where current drafting risks undermining legal certainty: the innovation shield's failure to operate as a genuine safe harbour, insufficient evidentiary boundaries for reverse killer acquisition theories, lack of limiting principles in entrenchment and ecosystem theories, and unworkable compliance obligations regarding common ownership by institutional investors.
Goodwin Procter LLP
