1. What is the current legal landscape for merger control in your jurisdiction?

German merger control remains one of the most frequently triggered regimes for international transactions. The Federal Cartel Office (FCO) received 876 notifications in 2025/2026. Low domestic turnover thresholds, the capture of minority shareholdings of 25% or more and of any ‘competitively significant influence’, and a transaction value threshold of €400 million mean that deals with only a modest German footprint regularly require clearance before closing.

That said, the FCO works efficiently: most cases are cleared in the first phase, often within two to three weeks, and in-depth investigations are rare.

The scope of the regime has nonetheless widened. In Meta/Kustomer (June 2025), the Federal Court of Justice endorsed the FCO’s broad reading of the transaction value threshold. In November 2025, the FCO for the first time used its power under Section 32f(2) of the Act against Restraints of Competition (ARC) to oblige a company, following a sector inquiry, to notify all future acquisitions in defined markets irrespective of the general turnover thresholds. The decision concerns the Rethmann group, which includes the waste management company Remondis.

Reform is imminent. The Federal Government’s bill for a 12th amendment to the ARC was introduced in the Bundestag in September 2026 and is intended to enter into force by the end of 2026. It would raise the turnover thresholds from €500 million, €50 million and €17.5 million to €750 million, €75 million and €20 million, extend the transaction value threshold to targets expected to become active in Germany, and introduce a new two-week preliminary procedure (Phase 0) in which the FCO decides whether such cases have to be notified.

2.  What three essential pieces of advice would you give to clients involved in merger control matters?

First, check early whether a German filing is required, and do not assume that only the acquisition of control matters. German law catches the acquisition of 25% of the capital or voting rights, and even smaller stakes if they come with board seats, information rights or commercial ties that give the acquirer a ‘competitively significant influence’. Joint ventures are caught whether or not they are full-function, and the thresholds can be met by the parents alone.

Secondly, take the suspension obligation seriously, including in foreign-to-foreign deals. The FCO has imposed a fine of €4.5 million on a US company that closed the acquisition of another US company before German clearance. The suspension obligation also covers conduct that anticipates the merger, such as influencing the target’s commercial decisions, integrating purchasing or exchanging competitively sensitive information before closing. Clean team arrangements and carefully drafted interim covenants are essential.

Thirdly, make use of the FCO’s efficiency. The FCO is a well-run and engaged authority, and its case handlers typically know the German markets concerned very well. In most cases, the process is fast and considerably less burdensome than in many other jurisdictions, and in straightforward cases a well-drafted notification can lead to clearance within a few weeks. In more complex cases, prepare thoroughly, settle the strategy early and expect the FCO to request internal documents such as board papers.

3. What are the greatest threats and opportunities in merger control law in the next 12 months?

The main opportunity, and at the same time the main source of uncertainty, is the 12th amendment to the ARC. If it is adopted as proposed, the higher turnover thresholds will remove an estimated 13–14% of transactions from German merger control. How the changes to the transaction value threshold will work in practice is less clear. Extending the threshold to targets that are only ‘expected’ to become active in Germany will require a forecast, which is hard to make with confidence, particularly for start-ups in technology, artificial intelligence and life sciences. It is also open what ‘being active’ in Germany will mean. Expected German turnover will presumably suffice, but the concept could be considerably broader. In Meta/Kustomer, the Federal Court of Justice held that processing, on behalf of business customers, data of end customers resident in Germany can constitute a substantial domestic activity, even without any direct relationship between the target and those end customers. The draft bill expressly builds on that decision. Where in doubt, we therefore recommend that clients document their forecast carefully or, in simple cases, notify the transaction to the FCO.

4. How do you ensure high client satisfaction levels are maintained by your practice?

Our merger control work is partner-led from the first jurisdictional assessment to clearance. Clients deal with the same small team throughout, a team that knows their business, their markets and their transaction timetable.

We work to the client’s timetable. Straightforward notifications are prepared within days. For more complex matters, we give reliable guidance on timing and process. Where a transaction requires filings in several jurisdictions, we coordinate the process with trusted counsel from our network abroad, so that clients have a single point of contact.

We have long-standing and constructive working relationships with the FCO. Knowing how the decision divisions approach particular sectors allows us to anticipate questions, avoid unnecessary delays and, where speed matters, work towards early clearance.

5. technological advancements are reshaping merger control law and how can clients benefit from them?

Technology is changing merger control mainly on the procedural side. Competition authorities increasingly request large volumes of internal documents and transaction data. Technology-assisted and AI-supported review allows these requests to be answered faster and at lower cost, provided that confidentiality, data protection and privilege are safeguarded. Data analytics can also help to define markets, calculate market shares and analyse bidding data at an early stage.

The FCO’s procedure is also becoming more digital. Market tests are frequently conducted through online questionnaires, and under the planned reform electronic submission of notifications will become mandatory from 1 January 2028.

6. Describe a particularly interesting or complex matter you have advised on recently, and explain the challenges involved, your approach, and the outcome achieved for the client?

Over the past year, we have been particularly active in the healthcare sector, with notifications relating to hospital mergers, care homes, medical care centres and medical equipment. We advised Katjes International on several occasions, including on its investments in Bogner and Missoni, and acted for a number of private equity investors on their investments in Germany. Further merger control mandates came from the defence, robotics (including Agile Robots SE) and industrial manufacturing sectors.