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)

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Düsseldorf Court of Appeals (Oberlandesgericht Düsseldorf), 26 February 2008, Case n° VI-Kart 18/07 (V), Asphaltmischwerke Langenthal ; WuW, October 9th, 2008, page 1107, DE-R 2383

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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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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