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Phase I and Phase II

The two stages of European Commission merger review.

The European Commission reviews notified mergers in two stages. Phase I lasts 25 working days and ends either in clearance under Article 6(1)(b), possibly with commitments, or in a decision to open Phase II. Most cases end here.

Phase II is a full investigation lasting up to 90 further working days, extendable, and ends in an Article 8 decision that clears, clears with conditions or prohibits the transaction. Outright prohibitions are rare; deals that would face one are usually abandoned or fixed with remedies first.

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