Making Sense of EU Merger Control: The Need for Limiting Principles

This article provides a critical analysis of the European Commission’s evolving approach to EU merger control, with a focus on the implications of reinterpreting Article 22 of the EU Merger Regulation (“EUMR”). This reinterpretation marks a significant shift from established practices, allowing the Commission to scrutinize mergers below the Member States’ (“MSs”) threshold levels. I argue that this change not only challenges the constitutional principle of subsidiarity but al