This dissertation examines the concept of concentration in European, German and Austrian merger control regulations in regards to the acquisition of minority shareholding. It will provide an analytical framework to elaborate on the question of if the acquisition of non-controlling minority shareholding should be included in merger control regulations from the point of view of legal policy. The dissertation is divided into four parts: European law, German law, Austrian law, and an assessment of

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... egal policy. The analytical sections of the three legal systems begin with an introduction of the respective merger control provisions and the explanation of the legal scope of the regulations. This is followed by a detailed description of the concept of concentration and its legal elements which are relevant for the acquisition of a minority shareholding. By means of an in depth analysis of case law, the relevant aspects in fact and law for the realisation of the concept of concentration in the three legal systems will be elaborated. Each chapter will conclude with a summary of the research results. The last chapter will clarify the general reasons and intentions of merger control in order to provide an analytical framework to examine the concept of concentration in the respective legal systems in regards to the acquisition of minority shareholding. Furthermore, a distinction between controlling minority shareholding and non-controlling minority shareholding will be exemplified. Subsequently, it will be shown which form of anti-competitive effects can be related with non-controlling minority shareholding. The author concludes that in addition to controlling minority shareholdings, the inclusion of the acquisition of non-controlling minority shareholding within the merger control regime is indispensible in order to warrant a high level of protection for the market structure and to prevent anti-competitive structural links between undertakings.