On October 9, 2025, the German competition authority held a meeting of the Cartel Law Working Group, attended by over 90 competition experts. The discussion centered on the theme 'Merger Control in Transition – New Instruments and Changing Frameworks?'.

The working group comprises professors from law and economics faculties, high-ranking representatives from national and European competition authorities, and judges from the cartel chambers of the Düsseldorf Higher Regional Court and the Federal Court of Justice. Annual conferences have been held for over 50 years to address fundamental competition policy issues.

Led by Prof. Dr. Konrad Ost, Vice President of the German competition authority, the meeting addressed challenges in national and European merger control, particularly in the context of increasingly digital and innovation-driven markets. Key topics included potential control gaps and the need to ensure that problematic mergers are fully assessed.

Prof. Dr. Ost emphasized the importance of the transaction value threshold as a tool for appropriately handling mergers involving young, innovative companies. He noted that while the recent Meta/Kustomer decision clarified important legal questions, there are still protection gaps that only legislation can address.

The discussion also covered the current jurisprudence regarding the transaction value threshold and new considerations in national competition law regarding alternative or supplementary criteria for merger assessments. Alexander Koprivnikar from the Austrian Federal Competition Authority shared insights on the application of Austria's transaction value threshold.

In terms of substantive merger control, the ongoing revision of the European Commission's merger control guidelines was a focal point. The Commission is examining whether adjustments are needed across seven thematic areas. The working group discussed the potential expansion of merger control objectives and the role of investments in merger assessments.

Prof. Dr. Ost welcomed the revision of the approximately 20-year-old merger control guidelines, noting that political will for conceptual expansion must align with existing legal frameworks. Some political objectives need to be reconciled with competition protection, while others can already be adequately addressed with existing tools.

Dr. Hans Zenger from the European Commission presented initial consultation results regarding the revision of the merger control guidelines. The meeting also featured discussions on investment commitments in substantive merger control, with Dr. Irene Sewczyk presenting a case from the fiber optic expansion sector where the authority had reviewed and recognized investment commitments.

The working paper from the meeting and individual presentations will be available on the German competition authority's website once published.