The Düsseldorf Court of Appeals overturns a Bundeskartellamt merger prohibition addressing the issue of future potential competition’s test under German law (Neue Pressegesellscxhaft / Zeitungsverlag Schwäbisch Hall)

Court raises question on the test for considering future potential competition under German merger control rules* The case concerns the question under which conditions the possible future creation of potential competition can be considered to strengthen a dominant position under German merger control rules (see decision of December 22, 2010, VI-Kart 4/09 (V)). The FCO had prohibited a merger between two local publishers that were active in separate, but neighboring geographic markets (decision of April 21, 2009, B6 – 150/08). The FCO considered each of them as dominant in the newspaper and advertising markets in their local areas. It found that the merger would eliminate potential competition between them, thereby strengthening their dominant

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  • Heinz & Zagrosek (Köln)

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Silke Heinz, The Düsseldorf Court of Appeals overturns a Bundeskartellamt merger prohibition addressing the issue of future potential competition’s test under German law (Neue Pressegesellscxhaft / Zeitungsverlag Schwäbisch Hall), 22 December 2010, e-Competitions Bulletin December 2010, Art. N° 35218

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