For the past two decades, the EU Merger Regulation (EUMR) has promoted effective transaction screening and made a substantial contribution to increasing deal certainty. As the competition policy community celebrates 20 years of the EUMR, we emphasise the need for an efficient and well-functioning EU merger control regime for EU member states that can drive harmonisation across national merger control regimes.
Recommendations for the EU Merger Regulation
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FSR compliance: complexity undermining competitiveness
The EU proposed the Foreign Subsidies Regulation (FSR) in 2021 to address foreign subsidies distorting the Single Market. Operating as a screening instrument behind merger control, it requires companies to notify the European Commission of foreign financial contributions (FFCs) they may receive when participating in public procurement or mergers and acquisitions activity. Preventing FFCs from distorting the Single Market is an important goal – and one that must be achieved without creating its own disruptions.
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Delivering coherence in Europe’s foreign investment screening framework
Will Europe choose alignment or fragmentation in foreign investment screening? In a recent blog for fDi Intelligence, Malte Lohan, CEO, and Andrew Hill, Senior Policy Adviser, AmCham EU, examine how divergent national regimes have created legal uncertainty and unnecessary administrative burden for investors and authorities alike. Today’s patchwork encourages over-notification, overwhelms regulators with low-risk cases and introduces avoidable friction for capital. The revised EU Foreign Investment Screening Regulation presents an opportunity to enhance coherence and competitiveness. Its success will depend on consistent implementation across Member States. Convergence would streamline beneficial investment and strengthen the Single Market, while gold-plating risks renewed fragmentation. Read the full op-ed in fDi Intelligence’s Economic Security Watch.
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An effective, competitive and quality-driven Public Procurement Directive
The revision of the Public Procurement Directive (PPD) is a critical opportunity to unlock the full value of public procurement for European competitiveness and resilience. A simpler, more consistent and quality-driven framework would strengthen market access, attract a wider range of bidders and enable public buyers to select best-in-class solutions.
The revision should prioritise practical ‘how to buy’ reforms, including digitalisation, standardised templates and reusable documentation, to reduce administrative burdens and increase participation. In parallel, ‘what to buy’ reforms should focus on transparent and verifiable criteria that reward performance, security and life-cycle value while avoiding unnecessary complexity that risks reducing competition.
Learn how, if designed effectively, the PPD can support innovation, resilience and better outcomes for public buyers across the EU.
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