Zur Zusammenschlusskontrolle bei Tätigkeit des zu erwerbenden Unternehmens in erheblichem Umfang im Inland

1. the FCO is authorized to determine a notification obligation of the parties to a concentration pursuant to Section 39 (1) ARC
by means of an order.
2. if the parties to the concentration notify the transaction on the basis of such a declaratory order
the notification and execution of the project, provided that the parties continue to be affected by an
parties are burdened by an order imposing costs.
3. whether the company to be acquired is active in Germany pursuant to Section 35 para. 1a no. 4 GWB is assessed
on the basis of its current competitive activities and their characteristic features
whether the activity has a connection to Germany, which may generally be suitable
generally capable of creating competitive risks for markets located in Germany as a result of the proposed merger.
markets located in Germany.
4. commissioned data processing that enables access to data of end customers located in Germany can constitute a
customers located in Germany can be a competitively relevant domestic activity in this sense.
5. the possible influence on the markets through domestic activity requires a certain minimum intensity
in the sense

Merger control

Antitrust law