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ARTICLE · 25 MARCH 2009

New Notification Threshold In Germany Reduces Risks To Offshore Transactions

Jones Day
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Germany has introduced a new threshold for premerger notifications to its merger control system, effective tomorrow, 25 March 2009.

GermanyAntitrust/Competition Law
Johannes Zöttl
Johannes Zöttl
Carsten Gromotke
Carsten Gromotke
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Germany has introduced a new threshold for premerger notifications to its merger control system, effective tomorrow, 25 March 2009. This amendment to the German Act Against Restraints Of Competition (ARC) is expected to reduce the number of merger control filings in Germany dramatically. In particular, the amendment will provide (limited) relief for the parties to offshore transactions, although enforcement risks remain for transactions to which the ARC still applies.

Filing criteria currently in force

German merger control is mandatory. If a transaction meets the ARC filing criteria, the parties must delay closing their transaction until the FCO has cleared it. In the past, a merger control filing was required already if (i) one party generated revenues of more than 25 million euros in Germany and (ii) both parties generated combined revenues of more than 500 million euros worldwide. These thresholds apply to the consolidated total revenues of the groups of

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