The Competitiveness Compass: Recalibrating the True North for Merger Control?

By: Bernd Meyring, Gerwin van Gerven, Neil Hoolihan & Lodewick Prompers (Linklaters)

In this article, authors Bernd Meyring, Gerwin van Gerwen, Neil Hoolihan & Lodewick Prompers (Linklaters) discuss the European Commission’s renewed focus on competitiveness as the core theme of the second von der Leyen Commission. The European Commission has just published its Competitiveness Compass, outlining the anticipated policy, legislative, and enforcement changes it aims to implement.

Following the Draghi Report’s wake-up call, the Competitiveness Compass emphasizes the need for simplification and better coordination across all policies. It details how the European Commission plans to transform these “transformational imperatives” into enhanced competitiveness for the EU. Alongside these calls for simplification and better policy coordination, the Compass outlines two key changes in competition enforcement. One concerns the development of a new framework for State Aid, which is discussed in a separate article. The focus here is on the anticipated revisions to merger control guidelines. Both measures fall within the European Commission’s authority and do not require approval from the Council or Parliament. While this approach closely resembles executive orders, the final drafts will still need to be prepared and formally adopted by the College of Commissioners.

The Competitiveness Compass reinforces the mission letter addressed to Teresa Ribera, the Commissioner responsible for competition. By 2026, the European Commission intends to revamp merger control guidelines to better reflect the evolving dynamics of markets and technological innovation. The goal is to introduce a “fresh approach” that aligns competition policy with common strategic objectives and enables European companies to scale up effectively in global markets. The European Commission aims to focus on innovation, resilience, and investment intensity, particularly in strategic sectors. The Draghi Report emphasized the importance of greater consolidation in the defence and telecommunications industries.

The current EU Merger Regulation does not provide room for sector-specific merger control. However, innovation benefits and synergies should be given greater prominence. The European Commission has previously intervened in numerous mergers where it identified harm to innovation. Moving forward, there may be increased openness to innovation remedies. These tools could be particularly significant in certain industries, though introducing sector-specific merger tests would require more than just revised guidelines…

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