[Flash]

On 2 July the EU General Court delivered a judgment confirming the Commission’s jurisdiction to review a concentration below both the EU and national notification thresholds, referred by the Luxembourg competition authority:

  • the Commission’s jurisdiction to review “below-threshold concentrations” is clear under Article 22 EUMR, but
  • its jurisdiction over those below both EU and national notification thresholds is only confirmed by the General Court in this judgment (in a somewhat special context, as Luxembourg has no ex ante merger control regime).

For deals below the EU and national thresholds, informing the competition authorities that may be concerned, early and precisely, is not optional.

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