In this presentation, Prof. Dr. Eckart Bueren, Dipl. Volkswirt, and Marcel Zober present a joint paper on efficiency considerations in DMA procedures, which was written during Marcel Zober’s time as a research assistant at Prof. Bueren’s chair. The speakers ask how and to what extent efficiency considerations can play a role in DMA procedures, even though the European legislator opted for per-se rules and rejected proposals to introduce an efficiency defence. The speakers conclude that efficiency considerations may play a role in future proceedings, e.g. when the Commission has to prioritize cases due to limited resources, when remedies are designed in accordance with the principle of proportionality, and when structural efficiencies play a role.
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