Internetowy Kwartalnik Antymonopolowy i Regulacyjny (IKAR, The Online Antimonopoly and Regulatory Quarterly) has just published a new article on the approach of Bundeskartellamt, German antimonopoly authority, to the issue of the so-called exterritorial concentration. Its author is Wojciech Łyszczarz – a member of the Firm’s German Desk.
The article discusses the new rules of assessing the so-called exterritorial concentrations between entrepreneurs who are not domiciled in Germany, but have potential impact on competition in Germany. The authority competent to assess the concentration of this type (including mergers, acquisitions and the establishment of joint ventures) is Bundeskartellamt. The article examines the issue of jurisdiction of the German antimonopoly authority and summarizes the premises which, if met, mean that the consent for the concentration is required. The topic discussed in the article is of high practical importance for Polish entrepreneurs planning mergers or acquisitions. As it turns out, transactions of this type, even if carried out in Poland, may – in certain specific circumstances – require consent of the German anti-monopoly authority as well.
The article is available at:https://ikar.wz.uw.edu.pl/numery/27/pdf/39.pdf