ITIF-向欧盟委员会提交的关于合并监管的意见（英）

itif.org 700 K Street NW Suite 600 Washington, DC 20001 COMMENTS OF ITIF to the European Commission Brussels, Belgium In the Matter of: General Consultation on the Review of the Mergers Regulation ) ) ) ) ) ) ) ) Public Comment Sept 3, 2025 1Contribution ID: c2fd9e14-f212-4ac1-822f-7367299b2864Date: 02/09/2025 19:03:59 REVIEW MERGER GUIDELINESFields marked with * are mandatory.IntroductionI. Introduction 1.1 Background and aim of the questionnaireIn line with the objectives of the EU Treaties, EU competition rules aim to enable a dynamic and well-functioning internal market, by making sure all businesses are able to compete effectively, and to prevent market distortions that can harm consumers – and ultimately damage productivity and economic growth. While companies combining forces through mergers can generate efficiencies and bring benefits to the EU economy, some mergers may reduce competition.Article 2 of the EU Merger Regulation requires the Commission to assess whether a merger would “significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position”. Where the Commission finds no such impediment the merger is to be approved; if, alternatively, the Commission concludes that the merger would lead to such an impediment, and unless adequate measures remedying this impediment are put forward by merging parties the merger is to be declared incompatible with the internal market.Mergers can involve companies that are actual or potential competitors on the same market (“horizontal mergers”) or companies that are active on different levels of the supply chain (e.g. one supplies the other with an input) or in neighbouring markets (“non-horizontal mergers”). To provide guidance on how it assesses these different types of mergers, the Commission has issued guidelines: the Horizontal Merger Guidelines (published in 2004) and the Non-Horizontal Merger Guidelines (published in 2008) (the “Guidelines”).Like all competition tools, EU merger control needs to remain fit for purpose, as market realities change around it. The objective of merger control, in accordance with the EU Merger Regulation, remains valid and unchanged – ensuring mergers do not distort competition in the internal market. However, in the respectively twenty-one and sixteen years since the adoption of the Guidelines there have been significant market trends and developments that have changed the dynamics of competition. The Commission’s assessment of mergers 2under the Merger Regulation has equally evolved, to capture those new realities and protect competition within them. In all these years, there has also been relevant case law of the Court of Justice, which has informed the Commission’s interpretation of the Merger Regulation and its Guidelines.In light of these factors, which apply equally to both the Horizontal and Non-Horizontal Merger Guidelines, the Commission is proposing to revise both sets of guideline