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Caught in the act of acquiring some shares: the application of merger control rules on the acquisition of non-controlling minority shareholdings in Germany and the UK
- McDermott Will & Emery
- -
- Germany, United Kingdom
- -
- January 5 2011
Enterprises and corporate lawyers certainly know by now that they may have to go through merger control proceedings if they want to acquire "control" of another enterprise
Supreme Court allows the passing-on defense in antitrust damages actions
- McDermott Will & Emery
- -
- Germany
- -
- July 8 2011
The German Supreme Court, in a landmark ruling handed down on 28 June 2011, has held that members of a cartel are able to defend themselves against a claim for damages by raising the defense that the relevant applicants have passed on the damage caused by higher prices onto a downstream market (the so-called "passing-on defense"
German Supreme Court allows indirect purchaser claims and passing-on defence in cartel damages actions
- McDermott Will & Emery
- -
- Germany
- -
- June 29 2011
On Tuesday, June 28, 2011, the German Supreme Court (Bundesgerichtshof-BGH) has clarified two important questions concerning cartel damages actions in Germany
German antitrust regulator steps up the fight against gun-jumping
- McDermott Will & Emery
- -
- Germany
- -
- June 30 2011
More than 100 countries worldwide have merger control regimes, which require parties to reportable transactions to notify antitrust regulators and obtain competition clearance
German federal cartel office consults on substantive merger control - draft guidance focuses on market dominance
- McDermott Will & Emery
- -
- Germany
- -
- July 27 2011
On 21 July 2011, the German Federal Cartel Office published a consultation paper on substantive merger control called “Draft Guidance on Substantive Merger Control” (Draft Guidance
German court protects the confidentiality of leniency submissions
- McDermott Will & Emery
- -
- Germany
- -
- February 14 2012
In the wake of the seminal European Court of Justice (ECJ) ruling in case C-36009 - Pfleiderer AG v Bundeskartellamt, Amtsgericht Bonn (Bonn local court), in a decision rendered on 18 January 2012 (case 51 Gs 5309), has refused to give a damages claimant access to leniency submissions held by the German Federal Cartel Office (FCO
German Competition Authority starts sector inquiry into food retail
- McDermott Will & Emery
- -
- Germany
- -
- September 16 2011
The German Competition Authority has started a sector inquiry in the food retail sector yesterday and has sent questionnaires to 21 retailers and over 200 producers in the food and beverages industry
European Commission considers taking over cartel investigations to prevent exploitation of German law loophole
- McDermott Will & Emery
- -
- European Union, Germany
- -
- March 22 2012
Under German law, companies may escape cartel fines by undertaking an internal restructuring
Germany amends competition law: key changes
- McDermott Will & Emery
- -
- Germany
- -
- October 30 2012
On 18 October, the German Federal Parliament (Bundestag) adopted several changes to German competition law
German Federal Cartel Office levies administrative fine due to incomplete merger notification
- McDermott Will & Emery
- -
- Germany
- -
- January 24 2013
The German Federal Cartel Office (FCO) has imposed an administrative fine for the submission of incomplete information in a merger notification. The
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- Firm Name - McDermott Will & Emery

- Jurisdiction - Germany

- Author - Philipp Werner

- Workarea - Competition

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