Comparative Guides
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Results: 4 Answers
Merger Control
6.
Appeal
6.1
Can the parties appeal the authority’s decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and what sort of appeal will the reviewing court or tribunal conduct (eg, will it be limited to errors of law or will it conduct a full review of all facts and evidence)?
 
Germany
A clearance decision rendered in Phase 1 is not subject to appeal. Prohibitions and clearance decisions subject to conditions or obligations issued by the Federal Cartel Office (FCO) following a Phase 2 investigation are subject to full judicial review by the Dusseldorf Higher Regional Court. Judgments of that court can be appealed (on grounds of law) to the Federal Supreme Court.

For more information about this answer please contact: Daniel Wiedmann from P+P Pollath + Partners
6.2
Can third parties appeal the authority’s decision, and if so, in what circumstances?
 
Germany
Judicial review of Phase 2 clearance decisions is also available to third parties admitted as intervening parties during the review proceeding, to the extent that they can show that their competitive interests are directly and individually affected by the decision. Such parties may also request the Dusseldorf Higher Regional Court to order interim measures preventing the parties from consummating the transaction. Such measures will be ordered if the appellants can show that their rights are infringed by the clearance decision and the court has serious doubts as to the legality of the appealed clearance decision.

Ministerial authorisation decisions overruling a prohibition order of the FCO are also subject to full judicial review by the Dusseldorf Higher Regional Court.

For more information about this answer please contact: Daniel Wiedmann from P+P Pollath + Partners