When the new Merger Regulation became applicable on 1st May 2004, one of its stated objectives was both to tackle the uncertainties and costs involved in multiple referrals and to ensure that cases would be dealt with by the most appropriate authority. To this end, Regulation 139/2004 introduced a streamlined referral package, which was intended, first, to empower parties to request referrals to and from the Commission, and secondly, to clarify the circumstances, in which the Commission and the national competition authorities could, post-notification, enforce an optimum case allocation. Recent experience shows that the Commission and the NCAs now make much greater use of the referral provisions than they did under the old Merger Regulation. However, considerable uncertainties relating to the referrals of merger cases remain. This article examines the Commission's recent practice relating to referrals from NCAs under Art. 22 ECMR, and concludes that the Commission has gone too far in refusing to take into account the competence of the referring NCA when deciding whether or not to accept the referral.1