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July 2023 global merger control: German and Spanish reforms, US draft merger guidelines, gun-jumping fines, and other FDI and competition updates

Published by a LexisNexis Competition expert

Practice notes

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 year.

Regarding the second limb, the threshold has been lifted compared with the analogous rule introduced by the 10th Amendment to the Competition Act in 2021, rising from EUR 500,000 to EUR 1m. It is not...

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Web page updated on 21/05/2026

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