Author(s):
Bayer, Stefan
[German Version] are autonomous decision-making and trading entities in the economy that bring together several legally independent and dependent corporations and businesses at home and abroad. Such concerns are founded, for example, on the basis of a large share of capital, on voting rights, on personal union in the administration or the board of directors. In a merger, by contrast, the uniting corporations and businesses lose their economic independence. The following reasons for the creation of multinational corporations may be listed: economic (such as benefit from the effects of reducing unit costs, tax advantages, market access opportunities); organizational (such as increased flexibility, easing workloads, and motivation); legal (such as aspects of company law or liability law); and other advantages (such as striving for power or prestige, or emergence of multinational corporations as a result of stereotyped company consultations with standardized recommendations). Company amalgamations tend to endanger competition. In the Federal Republic of Germany, it is possible for the Federal Cartel Office or the European Union Commission to forbid such amalgamations, if, for example, they would produce market dominance. There is, however, no comparable institution at an international level. Precisely for that reason, a worldwide regulatory order needs to be institutionalized, with the control and regulation of multinational enterprises as one of its essential tasks, so as to establish reliable rul…