ACM input to the consultation on the Merger Guidelines
The Netherlands Authority for Consumers & Markets (ACM) welcomes the European Commission’s (Commission) effort to modernise and clarify the EU Merger Guidelines and adapt it in light of the evolving economic, legal and geopolitical environment. According to ACM, the draft guidelines strike an appropriate balance between protecting effective competition in the Single Market and strengthening the competitiveness and resilience of the European economy.
ACM supports the Commission's position that achieving greater scale or creating so-called "European champions" should not be an objective in itself under merger control. Effective competition remains a key driver of innovation, productivity growth, investment and long-term economic prosperity. ACM therefore advises against relaxing the merger guidelines for arguments based primarily on firms' size or scale.
Competition policy that serves the public interest
ACM supports the broader approach to competition reflected in the draft guidelines. In addition to price and quality, other competitive parameters, such as sustainability, resilience, innovation, privacy and plurality of the media may also be relevant when assessing mergers and acquisitions. ACM makes a number of recommendations for further developing these aspects, including how to assess societal benefits and harms and how sustainability and resilience should be taken into account in merger assessments.
The European Commission expects to finalise its review in the fourth quarter of 2026.
See also
- 15-09-2025 ACM’s response to the public consultation on the review of the merger guidelines | ACM (in Dutch)
- 11-11-2025 Recap of online meeting on sustainability and merger control (in Dutch)
- 17-09-2025 Online meeting at ACM: sustainability and merger control (in Dutch)
- Mergers, acquisitions and joint ventures | ACM (in Dutch)