The newest episode of the competition edition of the International Law Talk Podcast focuses on the revival of the Dutch clause and other current issues of merger control. For this highly topical issue, I interviewed merger control star Tilman Kuhn from White & Case.
Earlier this year, the European Commission encouraged Member States to use the referral mechanism set out in Article 22 EU Merger Regulation. According to Article 22, Member States should refer transactions not meeting the EUMR thresholds to the Commission, even if the referring Member States themselves have no jurisdiction. In our talk, we talk about the new referral mechanism, its application, killer and zombie acquisitions, the role of innovation in merger assessment and many other issues of current EU merger control practice.