Brussels gives merging companies more room to argue future benefits
Anthony Whelan, who leads the European Commission’s competition directorate, said Brussels is more willing to consider large corporate mergers that could support investment, innovation or security of supply, while helping European firms compete with American and Chinese rivals. He said companies should set out the benefits of proposed combinations themselves. The Commission published revised merger guidelines earlier this year as pressure grew for a more competitiveness-focused approach to European consolidation. Whelan said Brussels would look further ahead when assessing deals, including whether combining companies could improve access to constrained inputs, increase investment capacity or support innovation in capital-intensive sectors. He also said the change does not amount to preferential treatment for European companies. On AI, he described parts of the market as oligopolistic and said the Commission remained focused on lowering barriers to entry and policing conduct around the wider ecosystem.
The operative change is the type of evidence Brussels says it is willing to consider. Companies can now put greater weight on forward-looking claims about investment, innovation and access to constrained inputs, even though those benefits cannot be observed when the merger is assessed. That gives applicants more scope to defend present-day concentration using projected future gains. The commercial effect depends on how much weight regulators eventually give those projections against measurable evidence such as market share, price effects and current competitive overlap.
Large European companies gain a wider route through which to justify consolidation. The harder position belongs to smaller rivals in capital-intensive sectors such as AI. A larger competitor can now argue that combining resources will improve its ability to finance innovation or secure inputs, while the smaller firm still faces the resulting increase in market concentration. The tension is strongest where Brussels simultaneously wants lower entry barriers and is prepared to accept scale as a reason supporting a merger.
The real test will appear in published merger decisions rather than speeches. Over the next twelve months, watch for a contested case where projected gains in investment, innovation or supply security materially outweigh measurable concentration in the Commission’s reasoning. If that happens, the policy shift is affecting what clears review. If contested cases continue to turn mainly on market structure and remedies, the change will have altered the language around mergers more than the standard applied to them.