A German Court of appeals reinforces the application of the de minimis exemption for merger control by constraining the application of the “bundle theory" (Asphaltmischwerke Langenthal)

Dr Tobias Caspary is an Associate at Fried, Frank, Harris, Shriver & Jacobson. The author is greatly indebted to Dr Craig Arnott, Head of Competition/Antitrust at Fried, Frank, Harris, Shriver & Jacobson, for his review and invaluable comments. This article will also appear in Issue 4/2009 of the European Competition Law Review. 1. Introduction German merger control notification thresholds are extremely low and a large number of transactions are notified to the German Federal Cartel Office (Bundeskartellamt"FCO") every year. For example, 2231 notifications were submitted to the FCO in 2007 [1]. However, a notification is not required in Germany if the total size of the market affected by the transaction is de minimis, i.e., less than €15 million. In its recent interim ruling

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  • Fried Frank Harris Shriver & Jacobson (London)

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Tobias Caspary, A German Court of appeals reinforces the application of the de minimis exemption for merger control by constraining the application of the “bundle theory" (Asphaltmischwerke Langenthal), 26 February 2008, e-Competitions Bulletin February 2008, Art. N° 23364

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