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Vera Barthel-Westphal on Muck Rack

Vera Barthel-Westphal

As seen in: Lexology
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Articles

From Overreach to Boundaries - How Courts Are Refocusing the Transaction Value Threshold in German Merger Control

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By Peter Niggemann, Dominic Divivier, Vera Barthel-Westphal, Frank Felgentraeger
| freshfields.com
When Germany added a transaction value threshold in 2017 to its merger control regime, the goal was clear: to capture a small number of strategically important acquisitions that fall below traditional turnover thresholds.
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Moving goalposts of the German transaction value threshold: an end to broad and vague interpretations at last?

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By Frank Montag, Ilka Oberländer, Dominic Divivier, Jonas Levermann, Peter Niggemann, Miriam Swamy, Vera Barthel-Westphal
| Lexology Verified
Since it was introduced to German merger control in 2017, the transaction value threshold has caused significant uncertainties for businesses acquiring targets that have negligible activities in Germany. The threshold is intended to allow the German Federal Cartel Office (FCO) to review ‘killer acquisitions’ do not trigger the traditional turnover-based thresholds.
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