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Now the second domestic turnover threshold has been brought in, a number of mergers are no longer subject to German merger control

The long-awaited introduction of the second domestic turnover threshold for the application of German merger control came into force on 25 March, 2009. Accordingly, a number of mergers with only minor effects on the German market will no longer be subject to German merger control. Foreign acquisitions of German companies and mergers of foreign companies, which have only a small presence in Germany, will benefit most from this new threshold.

As part of the Third Act on the Elimination of Bureaucratic Obstacles for Medium-sized Companies (MEG III), the German legislature has amended section 35 para. 1 no. 2 of the Act Against Restraints of Competition (ARC) by adding a second domestic turnover threshold of €5m (£4.5m). From now on, a merger is only subject to German merger control if all three of the following conditions are met:

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