Prospects of Merger Review in the Digital Age: A Critical Look at the EU, the United States, and Germany

Abstract

This article takes a critical look at merger law and practice in the EU, the United States, and Germany regarding data-related transactions. It focuses on the current legal standard and evaluates the recent decision practice in these jurisdictions. This includes the increasing implementation of data-related remedies, such as data access and data separation commitments, which have so far not been the focus of scholarly attention. On this basis, the article discusses the prospects of merger review within the framework of current policy reform debates. It concludes with recommendations for future legislative action in Germany and the EU. In particular, the legislature should implement a tightened and better suited merger review regime for dominant undertakings in digital markets.