EU draft merger guidelines quietly politicize competition law through soft-law instruments
The European Commission has published draft merger guidelines spanning over 100 pages that, despite their dry title, represent a significant shift in competition law. The article argues that these guidelines quietly politicize competition law through soft-law instruments, sidestepping proper legislative processes. The author focuses on how this development should concern competition lawyers, as it introduces industrial policy considerations into merger assessments through informal regulatory guidance rather than formal legal reform.
Key quotes
The title does what titles of merger guidelines usually do: it lowers expectations. That is useful misdirection. The document itself is anything but dull.
The draft guidelines span more than 100 pages and raise a host of issues.
This post zeroes in on one that should give competition lawyers pause: the quiet politicization of competition law through soft-law instruments that sidestepāand ultimate
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