Hire Power – Employee Recruitment and German Merger Control

This article examines whether the recruitment of employees – without any accompanying asset transfers or other related agreements between companies – can trigger German merger control. It argues that, under current law, such ‘direct hiring’ does not meet the statutory definition of a merger under Section 37 ARC. Only legislative reform could extend merger control to such cases. The article calls for clearer guidance from authorities to distinguish between labor mobility and structural co