Cleary Breakfast: Below-Threshold Mergers: New Rules and Unresolved Issues

March 16, 2023

Event Overview Tab


In recent years, the European Commission and national competition authorities have increasingly focused on “below-threshold” mergers, which are not, as such, subject to ex ante control by those authorities.

Following the adoption of the Italian Annual Competition Law No. 118/2022, the Italian Competition Authority is also now empowered to request notification of mergers falling below national turnover thresholds that raise competition concerns. Similar rules were recently introduced at EU level. In both cases, there are several unresolved issues.

Cleary Gottlieb associates Natalia Latronico and Laura Tresoldi discussed these new rules, analyzing enforcement perspectives, unresolved issues, and their impact on companies’ business strategies.

The seminar was part of the New Cleary Breakfast series.