Regulatory risk update: proposed changes to EU merger control — the minority upgrade?

The European Commission (the Commission) has just published a consultation entitled ‘Towards more effective EU merger control’ and invites all interested parties to submit comments on proposed changes to the EU merger regulation in two areas: non-controlling minority shareholding; and transfer of cases between the Commission and national competition authorities (NCA).

Of the two issues, the most likely to provoke debate and receive substantive submissions will be the proposal that the Commission’s remit should also include the review of certain minority shareholdings. This will be the natural focus of this alert but we will also give a quick overview of the proposal regarding transferring cases between the Commission and the NCAs at the end…

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