German Meta Deal Review Reports Greater Involvement

By Daniel Wiedmann and Daniel Hoppen (April 20, 2022, 4:51 p.m. EDT) — On February 11, the German Federal Cartel Office cleared Meta Platforms Inc.’s proposed acquisition of Kustomer Inc., a U.S. client developer . service platforms.

The interesting part is not the authorization itself, but rather the fact that Meta was asked to notify the transaction in Germany, given the fact that Kustomer had almost no domestic activity in Germany and the examination parallel to the agreement by the European Commission.

Merger control practitioners should be aware of the case as the FCO’s approach will likely require the notification of more transactions in Germany in the future. In particular, the FCO considered that domestic effects could also be established…

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James R. Rhodes