Previous business/academic article Next business/academic article
Soft law > Mergers

Guidance Document on Merger Remedies

Bundeskartellamt, Guidance Document , May 2017

See Bundeskartellamt's resume

Vote for this articleHelp

* Average
** Interesting
*** Good
**** Excellent
***** Must receive an Award!

Please note that the star(s) appearing on the article page before you have voted reflect the status of all votes registered to date.

Readers’ vote will close on February 9, 2018. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 10, 2018.

Click here to read the full article online

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.