The European Commission has withdrawn its 2021 guidance on Article 22 merger referrals under the EU Merger Regulation (EUMR). The move follows a ruling by the Court of Justice of the European Union (CJEU) in the Illumina/GRAIL case, which invalidated the Commission’s revised approach to these referrals.
The 2021 guidance allowed Member States to request the Commission to examine mergers that did not meet EU thresholds but affected trade within the Single Market. However, the CJEU ruled on September 3, 2024, that Member States cannot refer cases unless they are competent to review them under their national laws, undermining the guidance’s legal basis.
The Commission stated that it would continue to collaborate with Member States to ensure mergers are reviewed appropriately under national or EU rules. The withdrawal does not preclude future initiatives targeting transactions below jurisdictional thresholds, including those involving SMEs.
Source: https://ec.europa.eu/commission/presscorner/detail/en/mex_24_6143
