The European, Middle Eastern and African Antitrust Review 2019

Germany: Merger Control

Statistics In 2017, the Federal Cartel Office (FCO) received approximately 1,300 merger notifications, which is a slight increase compared to the number of notifications in previous years. Of the transactions notified in 2016, just 10 (ie, less than 1 per cent) underwent an in-depth review (Phase II). One transaction, the envisioned acquisition of Four Artists by CTS Eventim in the area of event ticketing services, was prohibited. In one other case the FCO made its clearance decision subject to remedies; and in five of the Phase II cases, the parties withdrew their notification after the FCO expressed serious 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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