German merger control – German FCO comes down on companies "jumping the gun" just before amendments to the merger filing thresholds pass Germany’s State Council
With revised merger filing thresholds due to enter into force shortly, the German Federal Cartel Office (FCO) has fined two companies, Mars Inc. (Mars) and Druck- und Verlagshaus Frankfurt am Main GmbH (DuV), €4.5 million and €4.13 million respectively for gun-jumping ie, implementing a transaction that requires notification without prior clearance from the FCO. These two cases in quick succession send out a strong message from the FCO to merging parties to observe the standstill obligation in the future or bear the consequences in terms of fines.
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