Dynamische Effizienzen in der EU-Fusionskontrolle

Prior to the merger of companies with a community dimension, the European Commission has to assess whether that merger will impede effective competition in the market. For this purpose, the European Commission makes legal predictions concerning future market and competitive conditions. This poses a major challenge, especially in dynamic markets, as the technological and economic circumstances in those markets can change rapidly. In this study, the author assesses the economic conditions of innovation and technology-driven industries and highlights the role of efficiencies in merger control. He analyses mergers in the mobile telecommunications sector and examines how the European Commission deals with dynamic market developments and innovative efficiencies on a case-by-case basis. The author offers concrete proposals for revising the legislative framework in this respect and advocates institutionally embedding technological expertise into the European Commission.