Brussels à Jour - Green Deal and Merger Control

March 15, 2021

As the Commission’s recent Conference on Competition Policy and the Green Deal ended, the regulator drew the conclusion that the current merger control rules are “broadly fit for purpose” within the context of sustainability. How precisely merger control policy can play an active role in achieving sustainability goals remains unclear, however.

The Commission presents the protection of innovation in sustainable technologies as a way in which merger control policy can have a positive impact on Green Deal objectives. In furtherance of this cause, as Chief Competition Economist Pierre Régibeau puts it, the Commission will be particularly vigilant towards green “killer acquisitions”. On the other side of the scale, companies see opportunity in presenting a green deal rationale to defend their transactions. Veolia, for example, frames its tender offer for Suez as the formation of a Green European champion: “it could become a major advantage in the implementation of the Green Deal and of the European recovery plan, and it is a perfect match for the ambitions of the European Commission”.

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