June / July 1999

Germany: New rules offer greater scope for conditional merger clearances

01 June 1999

Under the previous practice of the FCO, remedies were possible both prior to merger clearance and in the form of undertakings to be implemented post-clearance. The latter undertakings were usually in the form of a contract concluded between the merging parties and the FCO. However, the FCO was very reluctant to accept such undertakings, as enforcement can be difficult after a merger is fully implemented.