Antitrust and Merger Control

An essential building block of good corporate governance.

In M&A transactions, prudent antitrust law support for the project is indispensable, because in view of the increasing complexity of the regulatory framework and intensified regulatory activities, the risks are also growing: unlawful activities can result in fines that threaten the existence of the company and considerable damage to its reputation. The early assessment of antitrust options allows M&A projects to be designed in such a way that antitrust reviews can be mastered swiftly and successfully. Antitrust law is therefore an essential building block of any M&A transaction and, moreover, of an appropriate compliance management system.

At KPMG Law, we support you with our multidisciplinary advisory approach to identify and address the multi-layered challenges of antitrust law in a timely manner. With our practice-oriented view, we develop for you entrepreneurially practicable, balanced and legally defensible solutions. Our steadily growing team combines many years of expertise in business and legal consulting with scientifically based competence. Thanks to the possible involvement of the specialists at KPMG AG Wirtschaftsprüfungsgesellschaft, we are able to offer you comprehensive and tailored advice with a holistic approach to all issues relating to antitrust law and merger control.

Consulting focus

  • Compliance and antitrust proceedings

    Antitrust violations can have consequences that threaten a company’s existence – prevention is therefore essential for companies. With our multidisciplinary consulting approach, we combine regulatory expertise and in-depth understanding of the economic or business processes of compliance management systems (CMS). With our best practices derived from this, we support you in identifying and implementing the optimal measures for your company in the area of CMS and crisis management. In an emergency, we act as a crisis intervention team and represent you in all proceedings before antitrust authorities and courts.

  • Digital platforms, cooperations and distribution

    Cooperation and distribution agreements regularly have an impact on the market behavior of the companies involved. For this reason, such joint projects must remain within the range permitted by antitrust law – even in the case of “sustainability agreements”. We support you in optimally implementing your business models and cooperations within the framework of the scope of action provided by antitrust law.

    Digital platforms are increasingly an essential component and success factor of business models. In antitrust law, therefore, a new regulatory framework for digital corporate structures is emerging in parallel with this development. We have these innovations in mind and help you to prepare for the challenges of these regulatory developments at an early stage, to recognize their opportunities and to make optimal use of the room for maneuver for your company.

  • Transactions, merger and investment control

    We advise you in the context of M&A transactions on all issues of antitrust law, merger control and investment control and represent you in the necessary proceedings before antitrust authorities and courts. As a member of the global KPMG network, we are able to offer you a full range of advisory services from a single source, even for international transactions and proceedings.

Explore #more

07.11.2023 | KPMG Law Insights, KPMG Law Insights

GWB amendment: These interventions threaten after sector inquiries

On April 5, 2023, the German government passed the 11th amendment to the Act against Restraints of Competition (GWB), the so-called Competition Enforcement Act. The draft law is a turning point in antitrust law: serious antitrust measures can also be taken against law-abiding companies. The planned Section 32 f GWB-E provides for a new intervention […]

18.10.2023 | KPMG Law Insights

EU third country subsidy regulation: This applies to M&A transactions

Since October 12, 2023, companies have new reporting requirements. The European Commission has armed the EU Third Country Subsidies Regulation (DSVO). State aid law already prohibits EU member states from granting preferential treatment to individual companies, thereby giving them a potential competitive advantage. The goal: free and undistorted competition on the European internal market. With […]

04.08.2023 | KPMG Law Insights, KPMG Law Insights

Karlsruhe Regional Court: Forest protection does not make products climate-neutral

CO₂ compensation is not synonymous with the terms “climate neutral” or “environmentally neutral”. A lawsuit filed by Deutsche Umwelthilfe led to a ban on the use of the “climate neutral” and “environmentally neutral” labels. The Regional Court (LG) of Karlsruhe (Az. 13 O 46/22 KfH) has ruled that a drugstore chain may no longer advertise […]

05.04.2023 | KPMG Law Insights

BE-12 Survey: U.S. Subsidiaries May Be Reportable

The U.S. Bureau of Economic Analysis (BEA) has again launched the BE-12 Survey. This is a survey that the BEA is using to gain a detailed picture of foreign investment in the United States. To this end, statistics will be compiled that reflect the scope and impact of business activities of foreign (partially) owned U.S. […]

15.02.2023 | KPMG Law Insights

Critical infrastructure and investment control – caution in corporate transactions

Critical infrastructure and investment control – caution in corporate transactions Anyone buying or selling shares in a company that operates critical infrastructure should be careful. This is because an investment control procedure may have to be carried out before the acquisition. Failure to do so may result in fines and imprisonment. The background is: For […]

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