Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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:

This premium content is reserved for
Legal Week Subscribers.


  • Trusted insight, news and analysis from the UK and across the globe
  • Connections to senior business lawyers within the leading law firms and legal departments
  • Unique access to ALM's unrivalled, market-leading reporting in the US and Asia and cutting-edge research, including Legal Week's UK Top 50 and Global 100 rankings
  • The Legal Week Daily News Alert, Editor's Highlights, and Breaking News digital newsletters and more, plus a choice of over 70 ALM newsletters
  • Optimized access on all of your devices: desktop, tablet and mobile
  • Complete access to the site's full archive of more than 56,000 articles

Already have an account?

For enterprise-wide or corporate enquiries, please contact Paul Reeves on Preeves@alm.com or call on +44 (0) 203 875 0651


Legal Week Newsletters & Alerts

Sign Up Today and Never Miss Another Story.

As part of your subscription, you can sign up for an unlimited number of a wide range of complimentary newsletters and alerts. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 American Lawyer Media International, LLC. All Rights Reserved.