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Merger regime jurisdiction over minority shareholdings: recent developments in Europe

McDermott Will & Emery
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European Union, Germany
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April 5 2012

Although a growing number of jurisdictions have adopted a merger control regime, there is no uniform approach to the acquisition of noncontrolling minority shareholdings

Employee rights when buying parts of an insolvent company in Germany

McDermott Will & Emery
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Germany
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October 31 2011

Employee rights issues arising from M&A transactions in Germany can be difficult to navigate

German federal cartel office consults on substantive merger control - draft guidance focuses on market dominance

McDermott Will & Emery
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Germany
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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On 21 July 2011, the German Federal Cartel Office published a consultation paper on substantive merger control called “Draft Guidance on Substantive Merger Control” (Draft Guidance

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
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Germany, United Kingdom
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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

Amendment of the German Foreign Trade Act new obstacles for foreign investors

McDermott Will & Emery
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Germany
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April 28 2009

On February 13, 2009, the German Parliament passed a bill amending the German Foreign Trade Act and German Foreign Trade Regulation (Dreizehntes Gesetz zur Änderung des Außenwirtschaftsgesetzes und der Außenwirtschaftsverordnung

“Creeping takeover” of Continental AG: criticism of Schaeffler’s strategy

McDermott Will & Emery
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Germany
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October 31 2008

On July 14, 2008, family-owned conglomerate Schaeffler KG announced its voluntary takeover offer for Continental AG, a German DAX 30 company, at an offer price of EUR 70.12 per share

The future of competing tender offers in Germany

McDermott Will & Emery
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Germany
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April 30 2008

Competing tender offers are parallel offers by independent bidders to the same target company

Proposed control of foreign investment in German companies

McDermott Will & Emery
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Germany
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April 30 2008

Despite significant criticism from German economy and industry leaders, the German Federal Government currently plans to enlarge the possibilities of controlling and prohibiting foreign investments in German companies in order to protect “public security and order.”

German Securities Trading Act notice requirements following M&A transactions

McDermott Will & Emery
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Germany
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February 29 2008

Any acquisition of shares in a German company, public or private, may directly or indirectly lead to a notification duty under the German Securities Trading Act