Last checked against the official text on 15 October 2026. Authority: Bundeskartellamt.
Reference information, not legal advice; confirm with counsel before relying on a figure.
Current thresholds
| Test | Threshold (exceeds) | Applies | Official source | Last checked |
|---|---|---|---|---|
| Combined worldwide turnover of all undertakings concerned, last business year before the concentration Ordinary regime, worldwide limb (GWB § 35(1) no. 1); also a condition of § 35(1a) |
EUR 500 million | Start date not stated on this page | Gesetz gegen Wettbewerbsbeschränkungen (GWB), § 35 (German text prevails) GWB § 35(1) no. 1 |
15 October 2026 |
| German turnover of at least one undertaking concerned Ordinary regime, first domestic limb (GWB § 35(1) no. 2); also § 35(1a) no. 2(a) |
EUR 50 million | from 19 January 2021 | Gesetz gegen Wettbewerbsbeschränkungen (GWB), § 35 (German text prevails) GWB § 35(1) no. 2 (first limb); § 35(1a) no. 2(a) |
15 October 2026 |
| German turnover of another undertaking concerned Ordinary regime, second domestic limb (GWB § 35(1) no. 2); in § 35(1a) no. 2(b) the same amount is a ceiling |
EUR 17.5 million | from 19 January 2021 | Gesetz gegen Wettbewerbsbeschränkungen (GWB), § 35 (German text prevails) GWB § 35(1) no. 2 (second limb); § 35(1a) no. 2(b) |
15 October 2026 |
| Value of the consideration for the concentration Transaction-value route (GWB § 35(1a) no. 3) |
EUR 400 million | from 9 June 2017 | Gesetz gegen Wettbewerbsbeschränkungen (GWB), § 35 (German text prevails) GWB § 35(1a) no. 3 |
15 October 2026 |
Who reviews, and is filing mandatory
Concentrations that meet the German thresholds are reviewed by the Bundeskartellamt, the Federal Cartel Office. The thresholds are in section 35 of the Act against Restraints of Competition (GWB), whose German text is the authoritative version; an English translation is hosted on the same federal site as a convenience and may lag behind the German text.
Filing is mandatory and prior. Under section 39 a concentration is to be notified to the Bundeskartellamt before it is implemented, by the undertakings participating in it and, in certain acquisition cases, also by the seller. Under section 41 a concentration that has not been cleared may not be put into effect, and participating in its implementation is also barred. Legal transactions that breach the ban are, as a rule, invalid, subject to the exceptions in that section.
The turnover tests in section 35(1)
The merger-control rules apply where, in the last business year before the concentration, the undertakings concerned together had worldwide turnover above EUR 500 million, and, in Germany, at least one undertaking concerned had turnover above EUR 50 million and another undertaking concerned had turnover above EUR 17.5 million.
The worldwide limb is a combined figure for all undertakings concerned. The two domestic limbs are per undertaking: two different undertakings must each clear their own amount in Germany, so the German turnover of the parties is not added together for them. All three limbs must be met together.
The transaction-value route in section 35(1a)
Section 35(1a) extends the rules to some concentrations that do not meet the second domestic limb. It requires all of the following: the worldwide turnover limb of section 35(1) is met; in Germany one undertaking concerned had turnover above EUR 50 million; neither the target nor any other undertaking concerned had German turnover above EUR 17.5 million; the value of the consideration for the concentration exceeds EUR 400 million; and the target is active in Germany to a substantial extent.
The same EUR 17.5 million amount therefore works as a floor in the ordinary test and as a ceiling in the transaction-value route. The text does not define the substantial German activity of the target by a figure; that condition is applied on the facts and is not described further here.
What this page does not cover
This page does not cover the EU one-stop-shop and referral rules, the carve-outs in section 35(2), the precedence of EU merger control under section 35(3), how turnover is calculated and attributed under section 38, review periods and fees, the substantive test, the Bundeskartellamt's power to order notification after a sector inquiry, or foreign-investment screening. Figures were read in the German text of section 35 of the GWB. The dates shown in the table (19 January 2021 for the two domestic amounts, 9 June 2017 for the transaction-value amount) come from our own records and were not read in the section 35 text itself. No start date is shown for the EUR 500 million worldwide amount: it was not changed in 2021 and applied before that date.
Changes log
- : Page published. Figures checked against the German text of GWB section 35.
Frequently asked questions
What are the German merger control thresholds?
Combined worldwide turnover of the undertakings concerned above EUR 500 million, German turnover of one undertaking above EUR 50 million, and German turnover of another undertaking above EUR 17.5 million, all measured in the last business year before the concentration (GWB section 35(1)).
Can a German filing arise where the target has little German turnover?
Section 35(1a) provides a transaction-value route: where the consideration exceeds EUR 400 million, the target is active in Germany to a substantial extent, and the other turnover conditions of that paragraph are met, the rules apply although the second domestic limb is not met.
Are the German domestic turnover limbs combined or per party?
Per party. One undertaking must exceed EUR 50 million in Germany and a different undertaking must exceed EUR 17.5 million in Germany. Only the worldwide limb of EUR 500 million is a combined figure.
Is filing in Germany mandatory before closing?
Yes, in the sense that section 39 GWB provides for notification to the Bundeskartellamt before implementation and section 41 bars implementing a concentration that has not been cleared, subject to the exceptions in that section.