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Boeing needed European Commission approval because the proposed purchase of Spirit AeroSystems met the EU’s turnover tests for merger review, even though both companies are U.S.-based. The Commission was concerned the deal could weaken competition in aerostructures and large commercial aircraft. It cleared the transaction on 14 October 2025, subject to binding divestiture commitments.
Why could the EU review a deal between two U.S. companies?
EU merger jurisdiction is not limited to companies headquartered in Europe. Under Article 1(2) of the EU Merger Regulation, a transaction can have a “Union dimension” when the companies meet specified worldwide and EU turnover tests.
In its decision in Case M.11578, the European Commission found that Boeing and Spirit met those tests: their combined worldwide turnover exceeded €5 billion, each company’s EU-wide turnover exceeded €250 million, and neither generated more than two-thirds of its EU turnover in the same member state. The public decision redacts the companies’ individual turnover figures, so exact figures are not available there.
Boeing notified the Commission on 26 August 2025 that it proposed to acquire sole control of Spirit by purchasing its shares. Spirit makes structures for commercial and military aircraft and business jets, and also provides aftermarket services. The Commission’s decision describes the transaction and its jurisdictional findings.
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What competition concern did the Commission examine?
The issue was not whether Boeing could own an aerospace supplier in the abstract. The Commission examined whether combining Boeing with Spirit could harm competition in global aerostructures and large commercial aircraft.
Spirit supplies structures including fuselages, wings, pylons, nacelles and empennage structures. Boeing competes with Airbus in large commercial aircraft, while Spirit also had businesses supplying Airbus. The Commission considered whether the merged company might disadvantage Airbus by restricting or degrading access to Spirit’s supply. In a filing reporting the decision, Spirit said the Commission had been concerned that the transaction “as initially notified” would significantly reduce competition in those markets. Spirit’s 31 October 2025 SEC filing summarizes the concern and remedies.
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What did Boeing have to divest?
The Commission’s clearance depended on commitments that carved out parts of Spirit’s business rather than approving the transaction exactly as initially notified.
- Airbus-related Spirit businesses: Spirit businesses supplying Airbus, together with associated assets and personnel, were to be divested to Airbus.
- Subang site in Malaysia: Spirit’s Subang site was to be transferred to Composites Technology Research Malaysia.
The commitments are annexed to the Commission’s Case M.11578 decision, which makes compliance with their conditions a condition of clearance. Spirit’s SEC filing also describes the Airbus-related divestiture and the Malaysia site transfer.
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What does “European approval” mean here?
It means competition clearance under the EU Merger Regulation—not a separate European aerospace product certification. The Commission decided not to oppose the transaction as modified by the final commitments and declared it compatible with the EU internal market and the EEA Agreement, subject to full compliance with the commitments’ conditions and obligations.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.When was the deal cleared, and did that mean it had closed?
The Commission’s decision is dated 14 October 2025. The Official Journal later published a non-opposition notice dated 12 March 2026, recording that decision. The EUR-Lex notice and the decision itself establish the conditional clearance. That regulatory decision is distinct from completion of the overall acquisition; the cited materials do not establish the acquisition’s closing date.
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