Der wesentliche Teil des Binnenmarkts und die Zuständigkeitsallokation nach der FKVO

Pursuant to Sec. 2 subsec. 3, Sec. 9 subsec. 2, 3 of the European Merger Regulation, a merger within the meaning of Sec. 1 subsec. 2, 3 of the European Merger Regulation can only be prohibited or referred, respectively, if a “substantial part of the internal market” is affected.
However, it is unclear under which conditions a substantial part of the internal market is affected and how to proceed with mergers that do not affect such a substantial part.
Taking this as a starting point, the analysis defines the term “substantial part of the internal market”. In addition, the study develops a mandatory and ex-officio referral to the EU Member States, which ensures examination and prohibition of mergers pursuant to Sec. 1 II, III European Merger Regulation, which do not affect a substantial part of the internal market.