Are competition authorities planning to rule the world? New and expanded approaches to merger control

Competition authorities worldwide are increasingly inclined to review and challenge mergers. They are using an ever-wider range of tools to claim jurisdiction over transactions that traditionally fell outside their authority (such as those that fell below the corresponding thresholds). They base this new approach on a broader analysis of criteria that goes beyond what were considered the boundaries of competition law. In this context, the substantive assessment of mergers is also evolving, with competition authorities taking into account factors such as sustainability, employment, data/digital markets issues and innovation, and weighing them up against predicted efficiencies to determine a merger’s benefits and risks. In addition, commitments for clearance are increasingly being used to address non-traditional concerns.

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