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German Merger Control: A European Approach To Anticompetitive Takeovers, Rolf Belke, W. David Braun
German Merger Control: A European Approach To Anticompetitive Takeovers, Rolf Belke, W. David Braun
Northwestern Journal of International Law & Business
European free-market countries recently have begun to enact more laws regulating mergers and joint-ventures, with Germany at the forefront. In this article, Messrs. Belke and Braun intensively analyze the German merger control law, including the criteria that necessitate a report to the German Cartel Office, its application of the substantive merger control rules, and possible exceptions to an anti-merger ruling. They also explore the impact of the German law on international mergers and joint-ventures. Finally, they discuss in detail the first two German Supreme Court decisions that construed the substantive rules and contrast them with similar American cases.