The Bundeskartellamt clarifies: Merger of long-distance bus operators not examined by the Bundeskartellamt

03.08.2016

Today FlixMobility GmbH (known as "FlixBus“), Munich, announced its takeover of the long-distance bus business of Deutsche Post Mobility GmbH (known as "Postbus“), Bonn. The Bundeskartellamt clarifies that it was informed by the companies of the merger project in advance, but did not examine the merger.

The companies told the Bundeskartellamt that the merger was not subject to notification as the turnover thresholds for German merger control were not exceeded. The German Competition Act requires the parties to a merger to notify the merger to the Bundeskartellamt if, in the last business year preceding the concentration,

- the combined aggregate worldwide turnover of all participating companies was more than 500 million euros and
- the domestic turnover of at least one participating company was more than 25 million euros and another participating company achieved a domestic turnover of more than 5 million euros.

Andreas Mundt, President of the Bundeskartellamt: "If a merger project does not reach the turnover thresholds, it is not subject to notification to the Bundeskartellamt. On the basis of the information available we have therefore not been in a position to examine this merger in detail. News reports suggesting that in the Bundeskartellamt's view the merger would have to be cleared as there were no competition concerns, are entirely without foundation. Neither the markets affected nor the possible effects on competition have been analysed by the Bundeskartellamt in any detail."

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