BRUSSELS, April 30, 2026 — European Commission has launched a public consultation on draft revised EU merger guidelines, marking the most significant overhaul of the bloc’s merger assessment framework in more than a decade.
The proposed guidelines would replace the Commission’s existing 2004 horizontal merger guidelines and 2008 non-horizontal merger guidelines with a single consolidated framework for assessing mergers under the EU Merger Regulation.
According to the Commission, the revision is intended to ensure EU merger control remains effective in markets shaped by rapid technological change, geopolitical tensions and global competition, while also providing greater predictability for businesses and investors.
The draft guidelines retain the EU’s core “significant impediment to effective competition” standard but expand guidance on several emerging issues, including innovation competition, artificial intelligence, algorithmic pricing, digital ecosystems and resilience-related efficiencies.
The Commission also proposes a broader framework for assessing efficiencies claimed by merging parties, including sustainability benefits, supply chain resilience and innovation gains. At the same time, the draft emphasizes that such efficiencies must be verifiable, merger-specific and likely to benefit consumers.
The proposals place increased emphasis on dynamic competition and potential competition, particularly in technology and research-driven sectors. The draft also introduces an “innovation shield” concept aimed at recognizing that some acquisitions of startups or smaller innovators can support, rather than suppress, innovation.
The revised framework further addresses concerns around ecosystem effects, access to data and interoperability, and the possible role of AI-driven pricing tools in facilitating coordination between firms.
The consultation is open until June 26, 2026, with the Commission aiming to finalize and adopt the new guidelines before the end of the year.
Source: https://ec.europa.eu/commission/presscorner/detail/en/ip_26_918
