Legal Updates

On 14 May 2018, the German Federal Cartel Office ("FCO") and the Austrian Federal Competition Authority ("AFCA") published joint draft guidelines on the new transaction value thresholds which were introduced in Germany and Austria in 2017. Even if the traditional turnover-based thresholds are not met, in certain circumstances a transaction may be notifiable if (a) the consideration exceeds €400 million in Germany or €200 million in Austria and (b) the target has significant current activities in Germany or Austria respectively. The draft guidelines aim, inter alia, to clarify the scope of the new transaction value thresholds.  This article mainly focuses on the transaction value test in Germany.

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The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
Readers should take legal advice before applying it to specific issues or transactions.

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