Legal certainty has long been a core tenet of European merger control. This legal certainty continues to be eroded, however, by virtue of the continued onslaught against non-reportable transactions. On the one hand, there is the revival of the Article 22 corrective mechanism enshrined in the EU Merger Regulation. On the other hand, there is the Advocate General’s recent Opinion in Case C-449/21 – Towercast. With respect to the latter, and if followed by the European Court of Justice,
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