Merger Control In Germany – Developments In The Last 12 Months

In 2016 and until June 2017, Germany's Federal Cartel Office ("FCO") reviewed around 1,200 merger filings. A detailed review in Phase II proceedings has been initiated and/or concluded in 14 cases. Out of the transactions reviewed in Phase II proceedings, five transactions were cleared unconditionally, and one transaction subject to conditions and obligations. In seven cases the parties withdrew the notification themselves. None of the Phase II proceedings resulted in a prohibition. At the time of writing this article, one Phase II case is still ongoing.

In comparison to 2015, the number of cases under Phase II control increased slightly; there had been 11 cases in Phase II proceedings in 2015 and 14 in 2016. While there had been one prohibition in 2015, there was no prohibition in 2016. Although the number of prohibitions appears low, a more realistic approach would be to count the notifications withdrawn as if the respective transactions would have been prohibited.