BDI supports the Commission’s broader objective of aligning merger control more closely with Europe’s competitiveness, resilience and innovation goals and welcomes the more dynamic and forward-looking assessment of competition. However, certain amendments are necessary. While the draft rightly emphasises a more balanced assessment of potential harm and benefits resulting from a merger, the evidentiary requirements for demonstrating benefits remain significantly more demanding and the expanded theories of harm need to be accompanied by sufficient legal certainty and clear safeguards.
