German Cartel Office Can Challenge Deal After Closing

Law360, New York (November 17, 2015, 10:50 AM EST) -- A recent case provides an important reminder of the German Federal Cartel Office’s ability to challenge transactions after closing. Practitioners involved in deals that may raise competition issues in Germany should be aware of such consequences.

On Oct. 5, the FCO announced that French dairy Savenica SA had divested its shareholding in Andechser Molkerei Scheitz GmbH as a result of the FCO’s divestiture proceeding. This case is remarkable in that the FCO challenged a transaction (1) that it previously allowed to proceed, and had since been consummated, (2) due to incorrect market information Savenica provided in the merger control proceeding. However,...

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