Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/308725 
Authors: 
Year of Publication: 
2023
Citation: 
[Journal:] IIC - International Review of Intellectual Property and Competition Law [ISSN:] 2195-0237 [Volume:] 54 [Issue:] 2 [Publisher:] Springer [Place:] Berlin, Heidelberg [Year:] 2023 [Pages:] 223-267
Publisher: 
Springer, Berlin, Heidelberg
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.
Subjects: 
Competition law
Data access
Digital markets
Digital Markets Act (DMA)
Merger commitments
Merger review
Persistent Identifier of the first edition: 
Creative Commons License: 
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Document Type: 
Article
Document Version: 
Published Version

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