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The European Commission's draft merger guidelines land at a moment of real geopolitical flux — and its changes cut both ways. Scale, resilience, innovation and supply chain security are now embedded in the competitive assessment as key factors, and a new "theory of benefit" framework enables parties to argue efficiencies in novel and more comprehensive ways. At the same time, the Commission has equipped itself with a significantly expanded enforcement toolkit — from entrenchment and dynamic foreclosure to labour market effects and minority shareholdings.
In this episode of the Essential Antitrust podcast, Freshfields partners Jenn Mellott, Andreas von Bonin and Paul van den Berg discuss what has actually changed in practice: how the new innovation shield works for start-up acquisitions, where the new theories of harm create risk that deal teams need to plan for from day one, and what the expanded efficiencies framework means for how you build and present your deal to the Commission.
