FCO meaning

Court of Justice rules on German reference, confirming sawmills’ right to consolidate antitrust claims The Court of Justice has delivered its judgment in Case C‑253/23 ASG 2, a reference from Germany assessing whether national rules that prohibit assigning antitrust damages claims to legal service providers are compatible with Article 101 TFEU, Directive 2014/104/EU, and Article 47 of the Charter of Fundamental Rights of the European Union. Background In 2009, the Federal Cartel Office (FCO) adopted a commitment decision under German law and Article 101 TFEU regarding the Land of North Rhine‑Westphalia and other Länder involved in marketing roundwood (the 2009 commitment decision). In 2012, the FCO commenced a new investigation into market conditions concerning the Land of Baden‑Württemberg. Relying on that inquiry, the FCO annulled the 2009 commitment decision and issued a prohibitory injunction. The Federal Court of Justice subsequently annulled that injunction. There is no decision relating to the Land of North Rhine‑Westphalia other than the 2009 commitment decision...

NOTE—to see whether notification thresholds in Germany and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the German merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Germany? Since the 11th Amendment to the Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen) (ARC) entered into force on 7 November 2023, there have been no material revisions to the German merger control framework. That amendment, among other measures, lowered the standard thresholds triggering a filing obligation (see further: Question 4). No fresh initiatives have been announced—still less any draft bill—heralding another reform. The Coalition Agreement of the current governing parties, which sets the programme through to the next regular federal election in autumn 2029, likewise does not anticipate a new overhaul. In addition, the President of the Federal Cartel Office (Bundeskartellamt (FCO)) has publicly indicated that, in his assessment, there is no need for a fundamental...

This month has brought draft rules reducing merger control thresholds in Germany for businesses placed under a reporting duty after a sector inquiry, the US House of Representatives passing a bill to raise HSR fees for higher-value deals, and the launch of a new simplified merger procedure in Slovenia. Germany—draft Competition Enforcement Act published Germany’s Federal Ministry for Economic Affairs and Climate Action (Bundeswirtschaftsministerium, BMWK) has unveiled a draft ‘Competition Enforcement Act’. Among other measures, it hands the Federal Cartel Office (FCO) substantial enforcement tools for sector inquiries. A key reform permits the FCO to widen merger filing obligations where an inquiry suggests upcoming concentrations could impede competition in the relevant market. In such circumstances, firms can be required to notify all transactions that satisfy low domestic thresholds (€50m for the acquirer and €500,000 for the target). See further, Germany merger control. Comment: the CPA had previously signalled an interest in introducing a simplified notification procedure. Slovenia—new simplified merger procedure introduced At the end of...

This month notably brought approval by the German Parliament of amendments to the German Competition Act (including revisions to Germany’s merger control framework), both a shortening in Spain of the deadline for mergers filed via the short-form route together with an extension to the phase 2 timetable, and, in the US, the Federal Trade Commission and Department of Justice releasing draft merger guidelines for consultation. Germany—parliament approves amendments to the Competition Act; increases the target company threshold allowing the FCO to investigate mergers after a sector inquiry has been completed On 6 July 2023, the German Parliament (Bundestag) adopted the Competition Enforcement Act, revising the Act Against Restraints of Competition (the Competition Act) for the 11th time overall. For merger control, the Federal Cartel Office (FCO) gains a new call-in power following a sector inquiry where both of the following are met: the acquirer’s turnover is above EUR 50m; and the target achieved over EUR 1m in turnover in Germany in the preceding financial...