Competition authorities support the new European Merger Guidelines

European competition authorities, including the Netherlands Authority for Consumers and Markets (ACM), welcome the European Commission's draft merger guidelines. They endorse the importance of effective competition and well-functioning markets for innovation, resilience, investment, productivity growth, and sustainable economic growth.

The seven competition authorities support the European Commission's evidence-based approach to merger assessment. The draft guidelines recognize that, alongside established competition parameters, other parameters may also play a role, such as resilience, sustainability, and European market integration. These benefits, like any potential adverse effects, must be carefully substantiated and assessed.

The competition authorities also emphasize that scale can be important for the competitiveness of the European economy. Greater scale can contribute to effective competition. While scale and investment capacity can strengthen Europe's competitiveness in both European and global markets, the pursuit of so-called "European champions" should not come at the expense of market contestability or broader ecosystems of suppliers, innovative businesses, and other market participants on which the European economy depends. The European Single Market benefits from larger companies if they emerge through open and competitive markets—not through the protection of individual firms or a relaxation of competition rules.

The competition authorities also highlight the importance of small and medium-sized enterprises (SMEs). SMEs form the backbone of the European economy and depend on open and competitive markets, both as suppliers and as customers. Excessive market concentration can weaken SMEs' bargaining position, commercial opportunities, and capacity for innovation. Effective merger control therefore not only protects consumers but also helps create a business environment in which both large and small companies can grow and compete.

Finally, the competition authorities express their support for a competition policy that strengthens competition, market integration, and economic growth, while safeguarding the openness and dynamism of the European Single Market.