German Federal Court confirms that only the German Market Volume is Relevant for Purposes of the De Minimis Market Clause Under German Merger Control Rules

In December 2007, the German Federal Court (Bundesgerichtshof) published a recent decision confirming that the market volume for purposes of the so-called de minimis market exception (Bagatellmarktklausel) under German merger control rules must be calculated on the basis of the German market volume even where the geographic market is broader than Germany (German Federal Court, order of September 25, 2007 – KVR 19/07 – Sulzer/Kelmix).