Too Big to Fail als Frage des Kartellrechts

The author examines the too-big-to-fail problem from a competition law perspective. He describes the competitive advantages of too-big-to-fail undertakings that suggest an intervention of the competition authorities. The author demonstrates that for this purpose German and European merger control are suitable. He argues that under the SIEC test “too-big-to-fail effects” can justify a prohibition of a merger. Furthermore, he explores the options for unbundling instruments de lege lata et ferenda. As a conclusion, the author shows that competition law provides a further approach to solving the problem and compares it to the currently favored approaches.