The German Parliament introduces second domestic turnover threshold for merger control (Third Act to Cut-Back Bureaucratic Burdens in Particular in the Small and Medium-sized Economy)

On 25 March 2009, a significant change to Germany's merger jurisdictional thresholds entered into force [1]. The revision exempts many transactions that were previously caught from the obligation to submit a notification to the German Federal Cartel Office (FCO). I. The new second domestic turnover threshold The amendment introduces a second domestic turnover threshold to German merger control. Previously, transactions needed to be notified to the German FCO if only one party to a transaction, e.g., either the buyer or the target, had revenues in Germany exceeding € 25 million (provided the parties' combined revenues also exceeded € 500 million globally) [2]. This regime was criticized, especially in cases where a transaction was trigged by the buyer fulfilling the domestic turnover

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  • Fried Frank Harris Shriver & Jacobson (London)

Quotation

Tobias Caspary, The German Parliament introduces second domestic turnover threshold for merger control (Third Act to Cut-Back Bureaucratic Burdens in Particular in the Small and Medium-sized Economy), 13 February 2009, e-Competitions February 2009, Art. N° 25683

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