mergeregler

Mergerregler, or merger control rules, are the legal framework that governs large-scale corporate concentrations to protect competition. They typically require that proposed mergers or acquisitions be reviewed by competition authorities before they are completed, so authorities can assess potential anti-competitive effects such as reduced rivalry, higher prices, or less innovation.

Jurisdictions set thresholds to determine when a deal must be notified. If a threshold is met, a formal review is opened. In the European Union, the EU Merger Regulation provides for a centralized assessment of concentrations with cross-border effects, coordinated with national authorities. In Denmark, Konkurrencestyrelsen handles national reviews and may cooperate with other jurisdictions. In the United States, merger control operates through the Federal Trade Commission and the Department of Justice under pre-merger notification rules.

Process: after filing, authorities conduct an initial Phase I review and, if concerns remain, a more in-depth Phase II investigation. They examine market shares, competitive dynamics, barriers to entry, and potential impacts on prices, quality, or innovation. Parties may propose remedies—such as divestitures or behavioral commitments—to address concerns and obtain clearance. If concerns cannot be resolved, the merger may be prohibited.

Outcomes and scope: approved deals proceed, often with conditions; blocked deals require changes or cancellation. Mergerregler apply to different types of concentrations, including horizontal, vertical, and conglomerate deals, and are enforced by authorities at national and regional levels, with cooperation across borders when markets are affected in multiple jurisdictions.