Developments in the Treatment of Innovation in EU Merger Control

Groqth, investment and innovation are among the top priorities of the Juncker Commission,1 and this emphasis on innovation. Commissioner Vestager recently stated that “[o]ne of the simplest defences against innovation is to buy up rivals that create innovative products. That’s why, when we look at hightech mergers, we don’t just look at whether they might raise prices. We also assess whether they could be bad forinnovation. […] So protecting innovation is important in our merger policy. This increased emphasis can be seen in the merger decisions adopted during Commissioner Vestagers term of office.