Merger control

We assist our clients with all merger control issues. To do this, we draw on the many years of experience gained from the impressive deal flow handled by the CMS M&A practice at both German and international level. 

Our merger control experts advise on identifying notification obligations around the world, coordinate notifications worldwide and represent our clients in merger control proceedings before the German Federal Cartel Office and the European Commission. 

Our work also includes advice on transaction-related aspects of the prohibition of agreements that restrict competition and the merger control prohibition on putting a concentration into effect, and the resulting transaction-related pitfalls, such as correct structuring of due diligence, ensuring a competition-compliant flow of information through clean teams, and addressing competition law issues relating to individual elements of the transaction documents.

Another focus of our work is advising on joint ventures and on the associated merger control and competition law requirements.
 

Project management in merger control

Merger control proceedings typically require considerable organisational effort, often involving a large number of departments and people and high volumes of information and correspondence. 

To ensure efficient handling, our team deploys innovative solutions and approaches for conceptual planning, project organisation and coordination of complex (international) merger control proceedings. 

Merger control proceedings – international and interdisciplinary 

Our practice is tightly integrated into CMS’s other fields of advice. We work closely with our highly regarded M&A practice, which has long held a leading position in the M&A league tables. 

Our comprehensive expertise in foreign trade law enables us to provide integrated advice on merger and foreign investment control. 

In multinational cases, we offer advice from a single source via our locations in Europe, Asia, Africa and South America. We can also draw on an extensive network of longstanding contacts in all other key countries worldwide (e.g. via the World Law Group), giving us a unique set of capabilities. 

Germany

Merger Control Guide

The Merger Control Guide 2020 briefly outlines information on two of the most important questions of multijurisdictional merger control filings in 91 jurisdictions around the world, looking in particular at the relevant thresholds for filing and investigation periods concerning merger control.