COVID-19: Commission announces special measures for merger notifications | Practical Law

COVID-19: Commission announces special measures for merger notifications | Practical Law

On 16 March 2020, the European Commission announced on its website that there are special measures in place in relation to the notification of mergers under the EU Merger Regulation due to the 2019 novel coronavirus disease outbreak (COVID-19).

COVID-19: Commission announces special measures for merger notifications

Practical Law UK Legal Update w-024-4887 (Approx. 2 pages)

COVID-19: Commission announces special measures for merger notifications

by Practical Law Competition
Published on 16 Mar 2020 • European Union
On 16 March 2020, the European Commission announced on its website that there are special measures in place in relation to the notification of mergers under the EU Merger Regulation due to the 2019 novel coronavirus disease outbreak (COVID-19).
On 16 March 2020, the European Commission announced on its website that there are special measures in place in relation to the notification of mergers under the EU Merger Regulation due to the 2019 novel coronavirus disease outbreak (COVID-19).
The Commission states that the Directorate General Competition (DG COMP) has put in place a number of measures to ensure business continuity in the enforcement of the EU Merger Regulation. However, due to the complexities and disruptions caused by the coronavirus, companies are encouraged to delay merger notifications originally planned until further notice, where possible. This is notably because:
  • DG COMP services are likely to face difficulties in collecting information from third parties, such as customers, competitors and suppliers, in the coming weeks.
  • All Commission services may face limitations in terms of access to information and databases and in terms of information exchanges following the introduction of remote working measures from 16 March 2020.
Hand deliveries to DG COMP premises will remain possible but may become difficult due to reduced presence of staff. As before, according to the general rules, the delivering law firm or company must call the Merger Registry prior to making a hand delivery. However, DG COMP will temporarily also accept and actually encourages all submissions in digital format, either:
  • Electronically by email to the functional mailbox of the merger registry ([email protected]), putting the case team in copy if one has been assigned; or
  • Electronically through eTrustEx.
The delivery of paper originals will then be arranged at a later time.