In a recently published decision the Higher Regional Court of Düsseldorf provided interesting guidance on how to deal with jurisdictional uncertainties of German merger control. The Court took the opportunity to clarify controversial topics concerning the de-minimis market notification exemption, and geographic turnover calculation. The Court also made very clear that merging parties rather than calling the courts have to go through the administrative procedure with the Bundeskartellamt (Federal Cartel Office, “FCO”) first.

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