German Merger Control Amendments: Easing Filings And Process While Widening The Net For AI Partnerships

The German government has published proposals for a 12th amendment to the German Competition Act.

The draft sets out plans for a measured but still significant adjustment to the German merger control filing regime—raising the turnover thresholds and, more importantly, introducing a new "phase 0" for deals triggering notification under the transaction value test.

Notably, the amendment also proposes an extension to the rules that, while on its face subtle, would potentially enable the Federal Cartel Office (FCO) to more easily scrutinize AI partnerships.

Higher turnover thresholds (should) mean fewer filings

Under the proposals, the German turnover thresholds will be raised substantially, in relative terms: the worldwide threshold will move to EUR750million (a 50% increase), the first domestic threshold will increase to EUR75m (again, up 50%), and the second domestic threshold will be EUR20m (a 14% increase).