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Intra-group liability for fines – court rules on joint and several liability
  • Germany
  • 05 March 2015

The Federal Court of Justice recently addressed the issue of responsibility for a cartel fine imposed on several companies. According to the court, in order to establish internal liability it must first be assessed whether there is a contractual arrangement which stipulates the rules of compensation. The court went on to specify the criteria relevant to the proportion of internal compensation between joint and several debtors.

Merger control: thou shalt not disregard the filing requirement
  • Germany
  • 02 February 2012

Gun jumping and other violations of the obligation to suspend a transaction prior to clearance can be costly in Germany. Foreign-to-foreign mergers are subject to German merger control if they have a 'domestic effect' – a term that is interpreted widely by the Federal Cartel Office (FCO). The FCO has repeatedly made clear that it will enforce this obligation, and has imposed fines on a number of occasions.

Mars Fined for Gun Jumping
  • Germany
  • 12 February 2009

The Federal Cartel Office (FCO) has fined US company Mars Inc €4.5 million for closing a deal to acquire US pet food producer Nutro Products without awaiting FCO approval of the transaction. The decision is a signal that the FCO is determined to enforce compliance with the suspension obligation in merger cases by imposing considerable fines.

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