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Innovation in EU Merger Control: Theories of Harm and Efficiencies

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  • Martin Peitz

Abstract

Innovation and the diffusion of new technologies are central to consumer welfare in dynamic markets. On the one hand, mergers may harm innovation by removing independent innovation paths, restricting access to key inputs for innovation, or weakening incentives to adopt and diffuse new technologies. On the other hand, mergers may generate innovation efficiencies when they combine complementary tangible and intangible assets. This article discusses how the revised EU Merger Guidelines should evaluate these opposing forces and proposes a structured approach to assessing innovation harms and efficiencies while ensuring that merger control remains focused on effective competition and consumer welfare.

Suggested Citation

  • Martin Peitz, 2026. "Innovation in EU Merger Control: Theories of Harm and Efficiencies," CRC TR 224 Discussion Paper Series crctr224_2025_741, University of Bonn and University of Mannheim, Germany.
    • Handle: RePEc:bon:boncrc:crctr224_2025_741
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    File URL: https://www.crctr224.de/research/discussion-papers/archive/dp741
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    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices

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