On 7 September 2017, the European Court of Justice issued its preliminary ruling in Case C-248/16 Austria Asphalt. The judgment clarifies that a change from sole to joint control over an existing undertaking is a notifiable concentration under the Merger Regulation only if the resulting joint venture will be a “full function” joint venture post-transaction….

Austria will introduce a transaction value merger notification threshold, which will enter into force on 1 November 2017.  The draft law and explanatory notes are available here (in German).  In essence, transactions with a transaction value of more than € 200 million, provided the target has “significant” activities in Austria, will potentially require notification. The…