New rules for the assessment of domestic effects of extraterritorial mergers in German competition law Cover Image

Nowe zasady oceny koncentracji eksterytorialnych w niemieckim prawie antymonopolowym
New rules for the assessment of domestic effects of extraterritorial mergers in German competition law

Author(s): Wojciech Łyszczarz
Subject(s): Business Economy / Management, Commercial Law
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: concentration control; extraterritorial application of competition law; notification thresholds; Bundeskartellamt

Summary/Abstract: German competition law applies also to infringements committed outside the borders of the German Federal Republic which, however, have effects on its territory. The principle of extraterritorial application of German competition law is also applicable to concentrations. In 2014, the German competition authority (Bundeskartellamt) issued a new version of its Guidance on domestic effects in merger control. The act is meant to help merging parties in self-assessing whether their planned concentration has domestic effects in Germany and, hence, whether it should be notified to the Bundeskartellamt. Outlined in this article are the main rules on the assessment of domestic effects of concentrations on the German market (according to the new Guidance) considering, in particular, their relevance to Polish undertakings.

  • Issue Year: 4/2015
  • Issue No: 4
  • Page Range: 39-56
  • Page Count: 18
  • Language: Polish