August / September 1999

Germany: 1997/98 Federal Cartel Office report on competition

01 August 1999

The FCO’s competition report shows the increasing relevance of the German merger control regime despite the extension of the scope of European merger control by the introduction of an alternative threshold test as of March 1998. This reflects global concentration trends, with an increasing number of notifications to both the European Commission and national competition authorities. Moreover, under the sixth amendment of the ARC, which entered into force on January 1 1999, the threshold for pre-merger notifications was lowered to aggregate sales of the parties concerned of more than Dm1 billion. As a consequence, there will be even more pre-merger notifications in Germany in the future. However, the abolition of the post-merger notification requirement will reduce the workload of the FCO.