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Competition Policy

Review of the EU Merger Guidelines – Stakeholder Workshops

Workshop 3: The draft text of the Merger Guidelines

As part of its ongoing public consultation on the Draft Merger Guidelines (published on 30 April 2026 for replies by 26 June 2026, more information here), DG Competition organized an interactive technical stakeholder workshop on key aspects of the draft text of the Merger Guidelines.

The aim of the workshop was to gather views on all sections of the draft text and discuss potential amendments to the final Merger Guidelines. 

During the workshop, participants were divided into groups. Each group discussed 4 of the 6 Topics listed below; 2 in the morning and 2 in the afternoon. A summary of the discussions of all groups on each of the 6 Topics was presented and discussed in a final Plenary.

  • Topic 1: Bigger and better? Assessing scale and the positive effects of mergers
    This topic includes positive guidance on scale, efficiencies as well as legal and evidentiary burdens and standards for theories of benefit.
  • Topic 2: Anatomy of theories of harm: Assessing market power and the negative effects of mergers
    This topic includes market power (including countervailing factors), counterfactual/failing firm, as well as legal and evidentiary burdens and standards for theories of harm.
  • Topic 3: Price and non-price effects: How resilience, sustainability, and diversity may influence the dynamics of modern markets and weigh in the balance
    This topic includes parameters of competition such as resilience, sustainability and cultural/media diversity, and corresponding considerations in relation to negative and positive effects of mergers on competition. This topic also covers the question of the balancing of negative and positive effects on different parameters.
  • Topic 4: The enforcer’s toolbox: a modernised framework for anticompetitive effects
    This topic includes the effects-based set-up, loss of head-to-head competition, including labour theories of harm, foreclosure, coordination, and other anticompetitive effects.
  • Topic 5: Future-Proofing Competition: fostering and protecting innovation and investment 
    This topic includes loss of potential competition, investment and expansion competition, and innovation theories of harm, the innovation shield as well as entrenchment of a dominant position.
  • Topic 6: One Europe, One Market: ensuring compliant Member State measures
    This topic includes new guidance on the application of Article 21(4) of the EU Merger Regulation to Member States measures impacting mergers with an EU dimension. 

A Summary of the Stakeholder Workshop of 10 June 2026

Workshop 2: Innovation, Investment, Sustainability, Labour and Democracy

Workshop 1: Scale, Competitiveness and Efficiencies

In the context of the review of the Merger Guidelines, as a follow-up to the public consultation, DG Competition organised two interactive technical stakeholder workshops on key aspects of the review of the Merger Guidelines. The aim of the workshops was to gather views on these important topics of the review and discuss how they could be incorporated in the draft Merger Guidelines. 

The workshops were held only in-person. During each workshop, participants were divided into groups to discuss various topics in six Expert Sessions. A list of questions for each Expert session were published on this webpage ahead of the workshop. A summary of the discussions from the Expert Sessions were presented and discussed in two Plenary Sessions:

The Summaries of the Takeaways from the Merger Guidelines Stakeholders Workshops

If you have any questions regarding the workshops, please contact comp-mg-reviewatec [dot] europa [dot] eu (comp-mg-review[at]ec[dot]europa[dot]eu).