Addressing the Impact of Foreign State-Owned Companies: Implications for Fair and Effective Merger Control

State-owned firms from third countries play an increasingly significant role in international mergers and acquisitions, raising concerns about distortions of competition. These distortions arise from state-backed financial advantages, preferential treatment, and industrial policy objectives, potentially undermining market competition. This paper categorises different forms of competitive distortions, focusing on acquisitions financed by foreign state resources. Through an analysis of German and EU merger control cases (2012-2023), we assess the extent of this phenomenon and the treatment of such transactions by the respective competition authorities. While direct state involvement remains rare, it is prevalent in strategic industries such as energy and transport. We discuss potential policy responses, including expanded notification requirements, revised theories of harm, and stricter intervention criteria. However, we caution against excessive regulatory overreach that could lead to protectionist distortions. Our findings advocate for a nuanced approach to merger control that ensures competitive neutrality while safeguarding against state-driven market distortions.

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Publication Details

Journal
SHILAP Revista de lepidopterología
Published
2025-06-01
DOI
https://doi.org/10.7172/1689-9024.yars.2025.18.31.9
Primary Topic
Merger and Competition Analysis
Type
article
Field-Weighted Citation Impact
0.00
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article

Addressing the Impact of Foreign State-Owned Companies: Implications for Fair and Effective Merger Control

Oliver Budzinski, Annika Stöhr
SHILAP Revista de lepidopterología
Merger and Competition Analysis
article

Addressing the Impact of Foreign State-Owned Companies: Implications for Fair and Effective Merger Control

Oliver Budzinski, Annika Stöhr
article en

Abstract

State-owned firms from third countries play an increasingly significant role in international mergers and acquisitions, raising concerns about distortions of competition. These distortions arise from state-backed financial advantages, preferential treatment, and industrial policy objectives, potentially undermining market competition. This paper categorises different forms of competitive distortions, focusing on acquisitions financed by foreign state resources. Through an analysis of German and EU merger control cases (2012-2023), we assess the extent of this phenomenon and the treatment of such transactions by the respective competition authorities. While direct state involvement remains rare, it is prevalent in strategic industries such as energy and transport. We discuss potential policy responses, including expanded notification requirements, revised theories of harm, and stricter intervention criteria. However, we caution against excessive regulatory overreach that could lead to protectionist distortions. Our findings advocate for a nuanced approach to merger control that ensures competitive neutrality while safeguarding against state-driven market distortions.

SHILAP Revista de lepidopterología
Technische Universität Ilmenau (DE)
Openalex Percentile: Top 11%
Merger and Competition Analysis
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Addressing the Impact of Foreign State-Owned Companies: Implications for Fair and Effective Merger Control — Oliver Budzinski, Annika Stöhr · SHILAP Revista de lepidopterología (2025) | TGRS Research Map | TGRS