Silent Acquisitions in der europäischen Fusionskontrolle

»Silent Acquisitions in European Merger Control. An Analysis of the Interpretation of Art. 22 Regulation (EC) 139/2004«: This study examines the legality of the European Commission's decision to accept referral requests under Art. 22 Regulation (EC) 139/2004, when the merger does not meet European or national thresholds (»silent acquisition«). Economic studies show that takeovers of small start-ups rarely cause significant competition concerns. The legal analysis reveals that the broad interpretation of Article 22 of Regulation (EC) 139/2004 is indefensible and not in conformity with primary law.