Panel Discussion on New Merger Transaction Value Threshold in Germany and Austria

On 7 June 2018 Dr Katharina Sailer took part in a lively panel discussion with representatives of public and private enforcement and in-house counsel on the topic of merger control in Germany.

The W@Competition Talk was the first event discussing the draft guidelines on the new transaction value thresholds in Austria and Germany with representatives of the two authorities and from private practice. The panel discussion gave interesting insights into the practical challenges to be expected from the new thresholds, the comments to be expected on the draft guidelines and the authorities’ views.

On 9 July 2018, the German Bundeskartellamt and the Austrian Bundeswettbewerbsbehörde published their final joint guidelines on the new transaction value thresholds for the notification of transactions according to German and Austrian merger control rules. The additional transaction value thresholds were introduced in Germany and Austria in 2017 and imply that a transaction has to be notified if (i) the value of the transaction consideration exceeds EUR 400 million in Germany or EUR 200 million in Austria; and (ii) the company to be acquired has significant current domestic activity in Germany or Austria.

Other speakers were Dr. Iris Benedikt-Buckenleib, Counsel, Gleiss Lutz, Sarah Blazek, Senior Associate, Noerr, Dr. Isabel Kehl, Principal Counsel, Legal Competition, Siemens AG, Dr. Daniela Trampert-Paparella, Case Handler, Bundeswettbewerbsbehörde and Jana Zacharias, Bundeskartellamt.

The event was hosted by Noerr LLP in Munich.