Die „Ökonomisierung“ der EU-Fusionskontrolle : Mehr Kosten als Nutzen? (Reflections on the Reform of the EU Merger Control from An Economic Viewpoint)

Rather than focussing on specific details this article offers an economic reflection on the recent reform of EU Merger Control as a whole. It analyses the „more economic approach“ with regard to the European Commission‘s own objective of greater legal certainty. Therefore, the conception regarding the application of economic theory, which underlies the reform, is critically examined. In addition, the effects on the administrative burden are analysed. As a result, the costs and benefits entailed by the emerging „economomisation“ are appraised leading to a negative result. As a conclusion, the question of a more adequate objective from an economic point of view is discussed. Moreover, it is conjectured that the European Commission pursued the convergence with the US Merger Control as another objective