The Impact of the New Direction of the European Commission’s Competition Policy on Merger Control
The present study examines the potential impacts of the European Commission’s merger control reform initiative on EU competition policy, more specifically, on EU merger control. The study analyses the new paradigm emerging ahead of merger control, which integrates sustainability, technological sovereignty, industrial policy considerations and responses to geopolitical and supply chain exposures. It is illustrated, that the reform seemingly signals a shift away from the traditionally rigid ordoliberal framework towards a more flexible and context-sensitive approach, while simultaneously raising significant concerns regarding legal certainty, the predictability of enforcement and the possible influence of political considerations. The study further assesses how this new direction may reshape the substantive criteria of merger control and explores the challenges involved in reconciling economic efficiency with broader societal and geopolitical objectives.