The German Parliament increases turnover thresholds for merger control with the 10th amendment of the Act against Restraints of Competition

In a Nutshell What’s new? Significantly increased turnover thresholds for German merger control. The good Many transactions will no longer be subject to German merger control. This will lead to a much smoother process for lots of transactions, specifically for clients in the tech sector and start-up companies that have not generated more than 17.5 mn in Germany. The ugly Transactions can still be subject to German merger control even if the increased thresholds are not triggered. The Federal Cartel Office can require filings from a company after having conducted a market inquiry. The review period for so-called phase 2 proceedings was extended from four to five months. In 2017, consideration of the transaction threshold with the requirement of the rather vague criterion “substantial

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Authors

  • Orrick, Herrington & Sutcliffe (Dusseldorf)
  • Orrick, Herrington & Sutcliffe (Dusseldorf)

Quotation

Lars Mesenbrink, Julius Schradin, The German Parliament increases turnover thresholds for merger control with the 10th amendment of the Act against Restraints of Competition, 19 January 2021, e-Competitions January 2021, Art. N° 99019

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