Shortly before the end of 2021, the Austrian Federal Competition Authority (Bundeswettbewerbsbehörde, BWB) and the German Federal Cartel Office (Bundeskartellamt, BKA) published revised guidance on the interpretation of the transaction value-based thresholds in Austrian and German merger control law. The revised guidance does not bring about fundamental changes, but incorporates key developments in the decisional practice on the question of when a “significant domestic activity” can be assumed. In summary, the assessment of the notifiability of transactions under the transaction value threshold continue to increase in complexity, particularly given the authorities’ willingness to rely on factors such as indirect customers and data processing activities. While the revised guidance now
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The German and Austrian Competition Authorities publish revised guidance on the interpretation of the transaction value-based thresholds in Austrian and German merger control law
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