Reinforcing Europeanization: assessing the significance and impact of the recast merger control regulation

The outcome of the referenda in France and the Netherlands in 2005 on the Constitution for Europe raised a series of issues in the media about the structure, purpose and future direction of the European Union (EU), but the existing status quo remains unchanged. The EU remains primarily an economic entity that has acquired a substantive role in a range of policy sectors. One of its most significant responsibilities lies in the area of competition governance which has long offered the best example of supranational regulation. In 2004 EC merger policy was revamped to provide both greater transparency and efficiency and also to respond to growing criticism of administrative procedures and case analysis. This paper assesses the significance of the overhaul of the merger policy machinery under Regulation 139/2004 and also considers other simultaneous internal Commission reforms and considers how far these changes enhance the `federal’ characteristics of competition governance. Moreover, it argues that EU merger policy represents an excellent example of Europeanisation at play with regard to both the policy domain and with the actors and the institutions in the policy process.