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This doctoral thesis examines how European merger control law is applied to the energy sector and to which extent its application may facilitate the liberalisation of the electricity, natural gas and petroleum industries so that only those concentrations will be cleared that honour the principles of the liberalisation directives (IEMD and IGMD ). In its communication on an energy policy for Europe, adopted on 10/01/2007, the Commission emphasized that a real internal European energy market is essential to meet Europe’s three energy objectives, i.e. competitiveness to cut costs for citizens and undertakings to foster energy efficiency and investment, sustainability including emissions trading, and security of supply with high standards of public service obligations (Art. 106 TFEU). The EU issued three pre-liberalisation directives since the 1990s. Dissatisfied with the existing monopolistic structures, i.e. in Germany through demarcation and exclusive concession agreements for the supply of electricity and natural gas, which were until 1998 exempted from the cartel prohibition provision (§ 1 GWB), and the prevalence of exclusive rights on the energy markets, the Commission triggered infringement proceedings against four member states under Art. 258 TFEU. The CJEU confirmed that the Commission has the power to abolish monopoly rights under certain circumstances and the rulings had the effect of convincing the member states to enter into negotiations for an opening up of energy markets owing to the internal market energy liberalization directives of 1996 / 1998 / 2003 / 2009 / 2019 (IEMD and IGMD) . The core element of the IEMD and IGMD is to abolish exclusive rights and offer primarily at least large industrial electricity and gas consumers to choose their supplier (market opening for eligible consumers) and to grant negotiated or regulated third party access to transmission and distribution grids so to address natural monopolies. The second liberalization package of 2003 brought a widening of market opening and acceleration of pace of market opening to a greater number of eligible customers (all non-household consumers since July 2004 and all consumers since July 2007) and an increase in the provisions on management and legal unbundling. In parallel, two regulations regulate the access to cross-border electricity infrastructure (interconnectors) and the third party access to gas transmission networks. Two further Directives addressed the security of natural gas and power supply and a third deals with energy end use efficiency and services , a fourth dealt with the promotion of co-generation and a fifths covers marine environmental policy (Marine Strategy Framework Directive in combination with the Hydrocarbons-Licensing Directive ) backed by the public procurement directive in the energy sector. A regulation covers energy statistics. The implementation of the second energy package was slow and the Commission launched infringement proceedings against 5 member states in front of the CJEU (Art. 258, 256 TFEU). The 3rd energy package of 2009 addressed ownership unbundling of key-infrastructure ownership and energy wholesale and retail supply consisting of three regulations and two directives, deals with independent regulators, an agency for the cooperation of energy regulators (ACER) and cross-border cooperation (the European Network for transmission system operators for electricity and gas [ENTSO-E/G] and a regulation on cross-border grid access for electricity and natural gas. Another new regulation deals with market integrity and transparency . Hence, new regulations regulate guidelines on electricity balancing, congestion management, long-term capacity allocation, the code for grid access and transmission system operation . Other regulations address the guidelines for a European cross-border energy infrastructure, which has to be interpreted in the context of European environmental impact assessment law, the submission of data in electricity markets, establish a network code on demand connection , rule on a network code for grid access for direct current transmission systems, define guidelines on electricity transmission system operation, regulate a network code on electricity emergency , deal with security of natural gas supply and establish a programme to aid economic recovery by granting financial assistance. Finally, Directives promote the usage of renewable energies, regulate common oil stocks, the safety of offshore oil and gas production and the quality of petrol and diesel fuels. The 4th liberalization package consists of a new IEMD2019 and IGMD2019, of a new regulation on European cross-border electricity trade, of a regulation on risk preparedness in the electricity sector, of a new agency for the cooperation of European energy regulators, addresses energy efficiency and rules on good governance in the energy union. Since 2008, the Art. 194 I-II TFEU governs the ordinary legislation procedure in the energy sector (internal market in energy, security of energy supply, energy efficiency, energy saving, renewable energies, interconnection of energy grids) notwithstanding of unanimous decision making in case of energy taxation matters (Art. 194 III TFEU). A brief analysis of the economic implications of concentrations is followed by an assessment of the evolution of European merger control law under Art. 66 ECSCT, Art. 101 and 102 TFEU, the merger control regulation of 1989 and its significant amendments of 1997 and 2004. Then, the theoretical findings are contrasted to the results of recent merger proceedings in the energy sector with a focus on the VEBA/VIAG decision. Several deficiencies are established which limit the efficacy of merger control as a tool of offsetting shortcomings in the secondary EC law with regard to the liberalisation of the electricity and gas supply industry (IEMD and IGMD). Commitments proposed by the parties of a given concentration and accepted by the Commission as being sufficient to remedy a serious potential of dominance may only be of subsidiary relevance to the liberalisation of sectors owing to a number of analytical and practical drawbacks. One dominant drawback relates to the fact that the commitments depend always on parties' proposals and can never be imposed ex officio. Others relate to the blunt authorisations provided by the wording of Art. 6 and 8 MR1997 and MR2004 as to the implementation of undertakings. With regard to acquisitions of U.K. regional electricity companies by EdF, it is elaborated that the current merger control law leaves no scope for reciprocity considerations regarding acquisitions by incumbent companies in liberalised markets even though the acquirer is a protected public undertaking. Moreover, it is established that different decisions apply inconsistent market definitions. By means of the VEBA/VIAG and RWE/VEW cases, the question is addressed which causes are responsible for the established analytical and practical deficiencies of merger control in the energy sector. It is stated that the weaknesses of the IEMD 2009/72/EC and IGMD 2009/73/EC are partly responsible for weak undertakings which do not sufficiently remove the scope for dominance on the affected markets and which do not rule out any possibility of impediments of effective negotiated or regulated TPA and do not remove any commercial incentive of the grid subsidiaries of the vertically integrated companies as to access which discriminates between intra and extra group applicants. It is reported that another argument relates to the limited scope that the Commission has if it wants to remedy deficiencies of written primary law owing to the extraordinary nature of the implied powers doctrine based on the principle of constitutional state. Adverse political influence against competition authorities is also judged. Further, it is analysed that accidental regulation based on incidental provisions imposed on undertakings which may or not implement a concentration is by no means a consistent and non-discriminatory and predictable tool to overcome drawbacks of primary or secondary European law in a given sector owing to the democratic principle and the constitutional state doctrine. It is discussed that secondary legislation with regard to energy networks is inter alia restricted by Art. 345 TFEU and provisions of national constitutions which protect property rights against dis-proportionate expropriations or re-definitions of property. Further, legal authorisations of said calibre will have to be connected to a system of state liability law. Adverse political pressures are considered. The same is true for egoistic national policies which abstain from transnational task forces in order to settle difficulties and disputes. Furthermore, the adverse effect of different stages of the maturity of domestic markets, different consumer patterns and a potential isolation of the system is not neglected, because these conditions make it more difficult to apply consistent standards as to the appropriate market definition in order to facilitate harmonisation. The implementation of the VEBA/VIAG merger is discussed, as the former was further complicated owing to specifically evaluated circumstances which were difficult to predict. Nevertheless, the Commission is not exempted from the duty to take due care concerning potential impediments as to the realisation of parties' commitments. In contrast to the negative aspects, it can be highlighted that the Commission quickly realised flaws of the energy liberalisation project as expressed by the present form of the IEMD and IGMD. Consequently, the co-ordinative and innovative mechanisms of Florence and Madrid were created in order to boost the development of effective cross border trade - i.e. tariff systems and interconnector congestion management. It will be concluded that undertakings put forward by the parties and accepted by the Commission should be restricted to a subsidiary legal instrument, only applied if strictly necessary to overcome certain detrimental aspects of given concentrations in order to provide a hint for the legislator, to specify its legislation. Competition as a de-central distributor of risk, wealth and power will be extended to its maximum extent, if wholesale consumers benefit from lower energy prices which allow greater productivity of European products on the world markets in combination with higher environmental standards owing to modern, cost-efficient plants. A successful implementation will be described by liquid spot markets for power accompanied by tools of financial risk management like forwards, futures and options. These will be valuable indicators of efficient liberalisation of the European electricity and gas supply industries.

Contemporary liberal-democracies are under stress and traditional political parties have become detached from their electorates. Since the 1980s, parties have been experiencing a crisis of legitimation, whose effects have become intensive especially in the early twenty-first century. New populist challengers have tried to fill the representative void left by mainstream parties; at the same time, technocracy has become one of the most prominent form of representation. Political responsibility and responsiveness appear often incompatible in the eyes of voters. Moreover, political personalization and processes of presidentialization have led to a situation where single political leaders have become the crucial political actors, to the detriment of party organizations. This Habilitation thesis investigates the linkage between representative democratic institutions in parliamentary and semi-presidential systems and political elites, trying to understand how this linkage has been affected by the change of party democracy. In particular, the thesis analyzes political institutions’ functioning in democratic contexts as well as parties’ responses and elites’ paths to power as indicators of a process of adaptation. Four main research questions inform the analysis: what structural opportunities and constraints do political elites meet when it comes to exercising political power?; how have the decline of party government and political personalization modified opportunity structures?; how do parties and elites cope with democratic change?; has democratic change produced new criteria for successful political careers? The institutional focus is on political executives and representative assemblies at different levels of government. Findings highlight that political elites adopts strategies of resistance and respond to democratic change through incremental steps. In other words, rather than anticipatory, political elites appear reactive, when they are confronted with substantial modifications of the political opportunity structure. Overall, the study contributes to the debate about the changing role of parties and political elites as connectors between the state and the society and provides insights about future developments.

Personally meaningful tourist experiences foster subjective mental wellbeing. Modern, human-centred technologies such as gamified technology have been recognised as a promising means to support tourists in their co-creation of meaningful tourist experiences. However, a deeper understanding and conceptualisation of tourists’ engagement with gamified technologies in the tourist experience has remained absent so far. This study draws on positive psychology as the guiding theoretical lens to conceptualise and explore tourists’ underlying motives for engaging with gamified technology, as well as the gratifications thereof for the tourist experience. In doing so, this thesis identifies how tourists generate meaning through interacting with gamified technology in the tourist experience, thereby fostering the co-creation of meaningful tourist experiences and contributing to subjective mental wellbeing. Being among the first studies to link the concepts of positive psychology, gamified technology, and tourist experiences, the results of this thesis provide rich findings on the underlying motives for tourists to engage with gamified technology during vacation, as well as the gratifications of gamified technology for the creation of meaning in the tourist experience. Using the theoretical lens of positive psychology and achievement motivation theory as the main theoretical underpinning, this study is positioned at the intersection of social psychology, human-computer interaction, and tourism as the field of application. Conceptually, this thesis provides an in-depth understanding of tourists’ engagement with gamified technology, including the socio-psychological motivators for engagement and the outcomes thereof for the tourist experience. This thesis contributes to the theoretical advancement of two principal streams: a) tourists’ motives for engaging with gamified technologies and the gratifications thereof in the vacation context and b) the understanding of motivational affordances of gamified technology in general. The substantial theoretical contribution of this study is the advancement of knowledge as it demonstrates the value of gamified technologies in the tourist experience. The findings eventually provide tourism destinations with nuanced insights into the feature-specific values of gamified technology to contribute to the co-creation of meaningful tourist experiences.

The dissertation contains four journal articles which are embedded within a framework manuscript that interconnects the individual articles and provides relevant background information. The dissertation’s overall objective is to provide a multilayered and critical in-depth engagement with the timely phenomenon of integrated reporting (IR), a new reporting concept that is envisaged to revolutionize firms’ present reporting infrastructure. While extant corporate reports (e.g., annual financial- and CSR report) often are criticized for being disconnected and to suffer from a lack of coherence, IR intends to provide all information that is material to a firm’s short-, medium- und long-term value creation within one single, succinct document. To contribute to a set of previously defined relevant research gaps in literature, the dissertation makes use of a combined empirical-quantitative and explorative-qualitative research design. The first article entitled ‘Determinants of materiality disclosure quality in integrated reporting: Empirical evidence from an international setting’ investigates a set of different IR-, corporate governance and financial accounting-specific factors that are expected to determine European and South African firms’ materiality disclosure quality. To this purpose, an original, hand-collected materiality disclosure score was developed. The second article ‘Managers’ incentives and disincentives to engage with integrated reporting, or why managers might not adopt integrated reporting: an exploratory study in a nascent setting‘ explores IR perceptions of SME managers that have not embarked on IR, but are potential candidates to do so in future. Based on a review of extant literature, the article develops a theoretical framework to subsequently discuss motives for and barriers to IR adoption. The critical discussion contributes to the academic debate on incentives for and barriers to voluntary IR adoption. The third article named ‘Does it pay off? Integrated reporting and cost of debt: European evidence’ investigates whether voluntary IR adoption among European firms is associated with lower cost of public debt. While earlier studies suggest that IR leads to lower information asymmetries, increases analyst forecasts, and decreases cost of equity, corresponding evidence for the debt market is largely missing. Subsequent analyses test as to whether such an association is even more pronounced by a firm’s environmental, social and governance (ESG) performance or its belonging to an environmentally sensitive industry. The fourth article ‘Do nonprofessional investors value the assurance of integrated reports? Exploratory evidence’ uses an experimental design to investigate nonprofessional investors’ reactions to an IR assurance. To this purpose, two separate experiments with two different groups of nonprofessional investors were carried out: one with Masters students and one with managers of large corporations. Results help to answer the question as to whether an IR assurance as well as its determinants, namely the assurance provider and the assurance level, affect nonprofessional investors’ financial decision-making. In the second step, subsequent in-depth interviews reveal an IR assurance-critical attitude among managers, who draw upon their practical experience with assurance engagements.

Many fewer women than men try the entrepreneurial way in Germany. Any explanation for this phenomenon must be complex, as many factors are relevant for its production. Among other things, it is possible to speculate on sexual/gender discrimination, on more or less voluntary decisions of women or on different starting conditions for potential entrepreneurs. We assume that these options are closely related. This paper will concentrate, though, on the third alternative. Its focus will be set on the “family field,” or more precisely, on the role of family law in hindering women from trying self-employment. The family field in Germany has not evolved in the sense of gender equality along with all other areas of society - e.g., entrepreneurship. No gender equality is possible if the family field is not part of it. This paper analyses causes and consequences for this phenomenon. Key Words: Gender studies, Family Law, Entrepreneurship, chance equality, social sustainability