EU Revamps Merger Rules with Eye on Digital Ecosystems

The European Commission has issued draft Merger Guidelines that revamp its rules for evaluating company mergers, marking the first significant update since 2004 and 2008. The revised guidelines introduce a more dynamic assessment framework, taking into account innovation potential, investment effects, and future competitive positioning alongside traditional market share measures.

Particular emphasis is placed on digital ecosystems, with scrutiny areas including access to data, interoperability between platforms, and the implications of the Digital Markets Act (DMA). The DMA has designated several large platforms as 'gatekeepers,' and now serves as a companion piece to merger review rather than a standalone regulation.

Stakeholders are invited to provide feedback through public consultation until June 26, with an economic study on dynamic merger effects scheduled for release in September. Finalized guidelines are expected by the end of Q4 2026.

Crypto and fintech firms should pay attention, as the new framework creates implications for companies operating across digital financial services, payment infrastructure, or data aggregation. Interoperability is a key concern, particularly for blockchain-native businesses.