New Guidance on Domestic Effects in German Merger Control
Mayer Brown Legal Update
In Germany, a large number of transactions – in recent times, more than 1,000 each year – have to be reported to the national antitrust authority (the Bundeskartellamt) for merger control clearance. The merger clearance obligation exists if the companies concerned meet certain turnover thresholds and the transaction produces “appreciable effects” in Germany.
On 30 September 2014, the Bundeskartellamt published a guidance note on appreciable effects in merger control (the "Guidance"). The Guidance analyses typical cases that have appreciable effects and where a notification is required and other cases which lack effects and where no notification is required.