The End for Deminimis Merger Cases under German Merger Control

December 11, 2013

The prominent German Magazine Deutscher Anwaltsspiegel recently published an article by Associate Jens Steger on German merger control law. Jens described the applicability of the so-called “Bagatellmarktklausel” in German merger control law (§ 36 I No. 2 Act Against Restraints of Competition). This rule has undergone fundamental changes after the eight Amendments to the Act Against Restraints of Competition. These changes are very important for merging parties in so-called “deminimis-” or “minor markets” to consider. Minor markets essentially have a volume less than 15 million euro, and such markets are affected relatively often in merger cases of many sizes with a German nexus.

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