Request examination of the intended merger of two companies

Service Description

Mergers between companies are reviewed by the Federal Cartel Office under certain conditions.

The aim is to avoid disadvantages for competition. The Bundeskartellamt always reviews the merger if the companies exceed certain turnover thresholds or if a particularly high purchase price is paid for the project.

The Federal Cartel Office only prohibits the merger if the merger would significantly impede effective competition. This is particularly the case if it is to be expected that the merger will lead to the acquisition or strengthening of a dominant market position.

Mergers of companies must be notified to the Federal Cartel Office and may not be implemented during the entire review procedure ("prohibition of implementation"). Otherwise, the agreements are invalid, a fine may be imposed or the merger may be unbundled. The prior review is intended to prevent competitively problematic mergers from having to be dissolved retrospectively. To give companies certainty as to when they are allowed to merge, the law sets tight deadlines for the review process.

Impending restrictions on competition can also be partially eliminated by the companies involved giving undertakings. For example, a company can be required to sell certain parts of the company or business areas to competitors if it gives such undertakings.

The Bundeskartellamt has far-reaching investigative powers in order to obtain a comprehensive picture of the competitive conditions. The authority can request all relevant documents and business data from companies and associations of companies. It also conducts comprehensive market surveys and talks to individual market participants.

Under certain circumstances, it is not necessary to notify the Bundeskartellamt. This is the case if

  • the European Commission is primarily responsible as the competition authority (which is determined on the basis of turnover thresholds)
  • the merger has no domestic effect, i.e. if it does not have a noticeable and direct impact on competition in Germany (this is independent of a company's registered office in Germany) or
  • the turnover thresholds are not reached or the purchase price is less than EUR 400 million.

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

Competent Authority

Bundeskartellamt (BKartA), Fusionskontrolle

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