EU Merger Control and the Compatibility Test Revisited

EU merger policy is shaped and driven by the EU Merger Control Regulation (MCR). An essential element of this is the compatibility test, which determines whether a merger with a Community Dimension signifi cantly impedes competition, and therefore the merger’s compatibility with the common market. This article assesses two recent changes to the compatibility test, the 2004 MCR’s rewording of the test and the new foreseeable dominance variant as made law by the Court of First Instance and the European Court of Justice.