On April 20, 2023, the European Commission adopted measures to simplify the procedure for reviewing concentrations under the European Union Merger Regulation. The changes focus on unproblematic mergers, or “simplified cases,” but also include streamlined notifying procedures for all cases.
Pursuant to the new measures, the type of cases to which the simplified procedures may be applied involve parties whose combined upstream market share and purchasing share are below 30%, and whose combined upstream and downstream market shares are below 50%, with a market concentration index below 150. Additionally, the party with the smallest market share must be the same for both upstream and downstream markets. Under the new rules, the European Commission has flexibility to apply the simplified procedures to certain other cases.
Henceforward, simplified cases will also be entitled to use a multiple-choice type notification form. Non-simplified cases will be eligible for streamlined review, and documents will be transmitted to the Commission electronically by default.