Under the draft law, the FCO could impose behavioural and structural remedies following a sector inquiry without finding an infringement of German or EU competition law.
The German Federal Ministry for Economic Affairs...more
The latest amendments build on last year’s reform, extensively expanding the sectors subject to a mandatory review.
Key Points:
..The list of sectors in which investment in a German business triggers a notification...more
The Digitalization Act, which entered into force on January 19, 2021, substantially extends the scope of German antitrust law to tackle presumed enforcement challenges in the digital economy and raises merger control...more
1/21/2021
/ Antitrust Provisions ,
Blacklist ,
Competition Act ,
Digital Assets ,
Digital Markets Strategy ,
Federal Cartel Office (the FCO) ,
Germany ,
Illegal Tipping ,
Judicial Review ,
Merger Controls ,
Mergers ,
New Regulations
The latest amendments provide new criminal gun jumping rules, broaden the standard of review, and expand EU-wide cooperation.
Key Points:
..New gun jumping rules prohibit certain pre-closing cooperation as well as...more
Die Änderungen der Außenwirtschaftsverordnung erweitern die Anmeldepflichten im Gesundheitssektor und stellen die Kriterien zur Überprüfung von Auslandsinvestitionen klar.
Zusammenfassung:
..Beteiligungen von mindestens...more
Changes will extend the scope of filing requirements in the healthcare sector and clarify factors for review of foreign investment in German companies.
Key Points:
..Acquisitions of at least 10% of German companies that...more
In June 2018, the UK adopted new powers to review certain technology related deals on national security grounds, extending the scope and breadth of its control regime to those that concern computing hardware, or quantum...more
1/11/2019
/ Acquisitions ,
CFIUS ,
Critical Infrastructure Sectors ,
Emerging Technology Companies ,
EU ,
FIRRMA ,
Foreign Investment ,
Germany ,
Merger Controls ,
Mergers ,
National Security ,
Technology Sector ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA)
Changes to the German Foreign Trade and Payments Ordinance will impact investments by non-EEA investors.
Key Points:
..The changes will allow the German government to scrutinize direct and indirect acquisitions of at...more
Final joint guidance on new transaction value threshold published.
The German Federal Cartel Office (FCO) and the Austrian Federal Competition Authority (FCA) have released a joint guidance paper (Guidance Paper)...more
Growing economic nationalism is threatening to impact M&A across Europe, as governments and regulators take an increasing interest in “foreign” acquisitions of nationally important companies. Deal teams have previously...more
Growing economic nationalism is threatening to impact M&A across Europe, as governments and regulators take an increasing interest in “foreign” acquisitions of nationally important companies in the name of national security....more
The German government has tightened the rules for its review proceedings for M&A involving non-EU investors, with changes to its German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung) that significantly...more
Changes to the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung – FTPO) will impact certain cross-border transactions.
Key Points:
..The changes, which entered into force on 18 July 2017, allow...more
Proposed legislative amendment to include changes to merger control thresholds, dominance test, parental liability, and to implement EU private damage directive.
This Client Alert focuses on amendments to merger control,...more