Effizienzvorteile in der Zusammenschlusskontrolle

Since the adoption of the European SIEC test in German merger control, the extent to which beneficial consumer-related efficiencies can be considered in the substantive review under Section 36 (1) of the ARC, in accordance with the EU Commission's approach, has still not been clarified conclusively.
Taking this question as a starting point, the author provides a comprehensive analysis of the approaches to the generalised and case-by-case consideration of merger-related efficiency effects in merger control proceedings before the German Federal Cartel Office, as discussed in literature and legal practice. Due to the significant references to European merger control, the work also provides an in-depth analysis of European legal practice.