European merger control: a historic review not to be missed

The European Commission has launched a wide-ranging public consultation to revise its merger control guidelines against a backdrop of economic change characterised by innovation, strategic sovereignty and green transition. The aim is to adapt a doctrine that is over 20 years old to today’s challenges, with a clear political will to modernise under the leadership of Commissioner Teresa Ribera.

The revision is organised around seven main pillars that reflect the desire to fundamentally rethink the EU’s approach to competition law. These include the strengthening of competitiveness and strategic autonomy, the possible introduction of market power presumptions and the greater consideration of innovation, particularly in sectors with long investment cycles. In response to the rise of large platforms, the Commission also wants to codify the analysis of digital ecosystems.

Other pillars aim to incorporate broader policy considerations, such as defence, media pluralism and the labour market. One of the most notable changes would be to recognise the contribution of fusion projects to the green transition in the context of competition assessments by explicitly including sustainability and clean technologies. This change to the doctrine is intended to extend the scope of competition law to strategic and environmental dimensions that have previously only played a marginal role.

Read the full version of this opinion piece, co-authored with Jérémie Marthan, Partner at White & Case, published in L’Agefi on June 21 2025 (available in French)