Article 22 of the EU Merger Regulation allows EU Member States to ask the Commission to examine a concentration not meeting the EU thresholds. Especially in light of the Commission's recent switch to expansive interpretation and use of Article 22, its importance increases and practical controversies arise.
Read the full article The "Dutch clause" of EUMR – An Overview by Jan Kupcik here.
"The ‘Dutch clause’ of EUMR – An Overview", Competition Forum, 2022, n° 0036
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