A review of 2021 and 2022 EU merger control

Abstract

This article covers key developments in EU merger control in 2021 and 2022. These include the publication of the EC’s Guidance on the Article 22 EUMR referral mechanism and the developments in the Illumina/GRAIL case. There were also important CJEU judgments, including on competitive assessment of transactions by the EC as well as breaches of the standstill obligations by the merger parties. In 2021 and 2022, the EC adopted six Phase II conditional merger clearances, most of which were based on structural, rather than behavioural, remedies. The EC also prohibited two transactions, and a number of deals were abandoned in particular because of issues identified by the EC. Other main developments include the EC’s decision on Hungary’s violation of Article 21 EUMR as well the publication of the draft revised Market Definition Notice.