The two main goals of the reform of the ARC, which has been publicly debated for over two years, were the simplification of its complicated rules and harmonisation with EU competition law. Some of the new rules will certainly make life easier for competition lawyers and regulators as a number of provisions, in particular in respect of merger control, become simpler and clearer. Also, the new domestic turnover threshold (Dm50 million) and revised de minimis exemptions will remove the requirement formally to notify a significant number of mergers (especially foreign mergers) which have no impact on competition in Germany. However, it is doubtful whether the second goal of the reform, ie the harmonisation of German competition law with European standards, can in fact be achieved, as a number of conceptual peculiarities of German competition law, such as the treatment of vertical restraints, the remaining exemption from the cartel prohibition and the comprehensive list of events constituting a merger for merger control purposes remain in place.

Philipp Cotta
Freshfields