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Soft law > Mergers

Guidance Document on Merger Remedies

Bundeskartellamt, Guidance Document , May 2017

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The guidance document explains under which criteria the Bundeskartellamt assesses commitments offered by companies. In this way companies and their lawyers are better able to judge for themselves which requirements they have to fulfil in order to remedy the identified impediment to competition and thus enable clearance of their merger subject to conditions and obligations. Finally, the guidance document describes the procedure for the proposal and implementation of remedies. It also deals in detail with the tasks of trustees which often play an important role in the implementation of remedies.

Before its publication the guidance document was presented for public consultation. The Bundeskartellamt received comments from expert circles in Germany and abroad. Many comments have been followed up and some points in the draft revised accordingly.