The European, Middle Eastern and African Antitrust Review 2018

Germany: Merger Control

Statistics In 2016, the Federal Cartel Office (FCO) received approximately 1,200 merger notifications, which is similar to the amount of notifications in previous years. Of the transactions notified in 2016, just 10 (ie, less than 1%) underwent an in-depth review (phase II), and only in one of these cases did the FCO make its clearance decision subject to remedies. Not a single transaction was prohibited. However, in four of the phase II cases, the parties withdrew their notification after the FCO expressed considerable concerns. To pull (and refile) is not unusual in situations where the originally notified transaction has no realistic chance of being approved within the remaining review period and/or subject to remedies, which are palatable to the parties.

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