The German Federal Court clarifies merger control exemption by broadening the scope of the so-called de minimis market exemption (Sulzer/Kelmix)

The German Federal Court of Justice recently published a decision which limits the application of the German merger control regime by broadening the scope of the socalled de minimis market exemption. As a consequence, the number of mergers that are subject to a mandatory filing requirement to the German Federal Cartel Office (FCO) is now likely to decrease. The filing thresholds of the German merger control regime are relatively low in comparison with other jurisdictions. Except for mergers that fall under the European Merger Control Regulation [1], a filing to the FCO is required if the aggregate worldwide turnover of all participating companies in the last year preceding the merger exceeded €500 million and at least one participating company had revenues in Germany of more than €25