The European Commission is revising its guidelines on the assessment of business combinations for the first time in around two decades. The aim is to ensure that far-reaching economic changes brought about by digitalisation, decarbonisation, global value chains and geopolitical challenges are given greater consideration in European merger control. From the AK’s perspective, this update is, in principle, to be welcomed. Effective merger control is crucial for limiting market power and monopolistic tendencies and for ensuring fair prices, quality, choice and innovation, as well as competitive labour markets.

The AK supports in principle the aim of taking competitiveness, innovation and investment more fully into account in merger control. However, justifications such as economies of scale, resilience or sustainability must not lead to accepting higher levels of market concentration at the expense of workers. The reasons must always be set out in a specific case-by-case assessment.

Furthermore, the AK calls for the impact of mergers on workers to be given due consideration. Particular attention should also be paid to so-called ‘killing mergers’, the increasing data power of digital conglomerates and the public interest. Employees, trade unions and consumers should be more closely involved in the assessment of mergers.