German Competition Authority (Bonn)

German Competition Authority

German Competition Authority (Bonn)

The Bundeskartellamt is an independent competition authority whose task is to protect competition in Germany. The protection of competition is a key regulatory objective in a market economy. Only well-functioning competition guarantees a maximum of choice and product diversity enabling consumers to satisfy their needs and companies to optimise their offers.

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German Competition Authority (Bonn)
German Competition Authority (Bonn)
German Competition Authority (Bonn)
German Competition Authority (Bonn)
German Competition Authority (Bonn)

Articles

113706 Bulletin

German Competition Authority The German Competition Authority holds that a cooperation project in the automotive industry to standardise the production of wire harnesses raises no competition concerns (Innovation Initiative Wire Harness)

73

No competition law concerns regarding automotive industry cooperation in the area of wire harnesses* The Bundeskartellamt has no competition law concerns regarding a cooperation project in the automotive industry to standardise the production of cable sets commonly referred to as wire (...)

German Competition Authority The German Competition Authority initiates a cartel administrative proceeding against providers of mail consolidation services to examine whether the agreements the companies have in place to provide their services are anti-competitive (Deutsche Post / Postcon / Compador)

66

Mail consolidation services for letters – Bundeskartellamt initiates proceeding against Deutsche Post InHaus Services, Postcon and Compador* Bonn, 20 July 2023: The Bundeskartellamt has today initiated a cartel administrative proceeding against Deutsche Post InHaus Services GmbH (DPIHS), a (...)

German Competition Authority The German Competition Authority moves to make commitments offered by the national football league to address the 50+1 rule and benefactor exemptions binding (DFL)

83

50+1 proceeding – commitments offered by DFL to be declared binding* Bonn, 13 July 2023: In the proceeding assessing under competition law the so-called 50+1 rule, the Bundeskartellamt intends to declare binding the amendments to Deutsche Fußball Liga’s (DFL’s) League Statutes that DFL has (...)

German Competition Authority The German Competition Authority approves the merger of several Catholic hospitals in the northern Ruhr area (St. Augustinus Gelsenkirchen / Katholisches Klinikum Ruhrgebiet)

48

Bonn, 7 July 2023: The Bundeskartellamt has cleared plans by St. Augustinus Gelsenkirchen GmbH and KKRN Katholisches Klinikum Ruhrgebiet Nord GmbH to merge their hospital management companies and other affiliated companies to form a new joint holding company, KERN Katholische Einrichtungen (...)

German Competition Authority The German Competition Authority unconditionally clears a merger between two swimming pool equipment companies after an in-depth investigation because the merger remains under the legal thresholds for a prohibition (Fluidra / Meranus)

64

Pool equipment industry: Bundeskartellamt clears merger between Fluidra and Meranus* Bonn, 23 June 2023: Following an in-depth examination, the Bundeskartellamt has cleared plans by Fluidra Commercial S.A.U, Sant Cugat del Vallès, Barcelona, Spain (“Fluidra”), to acquire Meranus Gesellschaft (...)

German Competition Authority The German Competition Authority issues a statement of objection against various practices of a Big Tech company in connection with its automotive services and maps (Google Maps)

171

Statement of objections issued against various of Google’s practices in connection with Google Automotive Services and Google Maps Platform* The Bundeskartellamt has today forwarded its preliminary legal assessment of Google’s practices in connection with Google Automotive Services (GAS) to (...)

German Competition Authority The German Competition Authority approves the merger of a biopharmaceuticals air transport company and a thermal insulation and cold chain logistics provider (Envirotainer / va-Q-tec)

68

Bundeskartellamt clears merger between va-Q-tec AG and EQT (Envirotainer)* Bonn, 12 June 2023: The Bundeskartellamt has cleared plans by EQT Fund Management S.à.r.l., Luxembourg, to acquire shares in and sole control of va-Q-tec AG, Würzburg. The target company offers products and solutions (...)

German Competition Authority The German Competition Authority welcomes the creation of an accounts centre by a social media giant towards ensuring user data transparency and compliance with the Authority’s prohibition order against the unilateral combination of user data (Meta)

151

Meta (Facebook) introduces new accounts center – an important step in the implementation of the Bundeskartellamt’s decision* Bonn, 7 June 2023: Meta has announced plans to introduce a new accounts center. The accounts center will allow Meta’s customers for the first time to make a largely (...)

German Competition Authority The German Competition Authority opens an investigation into the potential anti-competitive impediment of options for co-using radio masts in the telecommunications sector (1&1 / Vodafone / Vantage Towers)

111

Bundeskartellamt examines potential anti-competitive impediment of 1&1 by Vodafone and Vantage Towers* Bonn, 2 June 2023: Following a complaint filed by 1&1 Mobilfunk GmbH, Düsseldorf, the Bundeskartellamt is examining whether Vodafone GmbH, Düsseldorf or its affiliated company (...)

German Competition Authority The German Competition Authority publishes the final report on its sector inquiry into non-search online advertising which confirms the significant market position of a Big Tech company (Alphabet / Google)

338

Inquiry into non-search online advertising: significant market position of Alphabet/Google, insufficient transparency in programmatic advertising* Bonn, 31 May 2023: Today the Bundeskartellamt has published the final report on its sector inquiry into non-search online advertising. Andreas (...)

German Competition Authority The German Competition Authority approves a joint project of several operators of natural gas pipelines to set up a hydrogen network infrastructure (Get H2)

124

Get H2 hydrogen cooperation given the green light* Bonn, 27 April 2023: The Bundeskartellamt currently has no competition law concerns about the cooperation in the context of the Get H2 project of several operators of natural gas pipelines to set up a hydrogen network infrastructure. With (...)

German Competition Authority The German Competition Authority holds that a Big Tech company is an undertaking of paramount significance for competition across markets and consequently, is subject to the provisions for large digital companies under the Competition Act (Apple)

289

Apple also subject to provisions for large digital companies under Section 19a GWB* Bonn, 5 April 2023: The Bundeskartellamt decided that Apple Inc. based in Cupertino, USA, is an undertaking of paramount significance for competition across markets. Apple and its subsidiaries are thus (...)

German Competition Authority The German Competition Authority initiates proceeding against a Big Tech firm to examine whether the company is of paramount significance for competition across markets (Microsoft)

75

Bundeskartellamt / Digital economy* Examination of Microsoft’s significance for competition across markets Bonn, 28 March 2023: Today the Bundeskartellamt has initiated a proceeding against Microsoft to examine whether the company is of paramount significance for competition across (...)

German Competition Authority The German Competition Authority closes an abuse of dominance investigation after a diagnostics service provider for armoured vehicles offers commitments to supply (Rheinmetall Landsysteme / FFG Flensburg Fahrzeugbau)

109

Bundeskartellamt safeguards competition in maintenance of “Boxer” wheeled armoured transport vehicles* Bonn, 13 March 2023: The Bundeskartellamt’s abuse proceeding resulted in Rheinmetall Landsysteme GmbH providing diagnostic software developed by Rheinmetall for “Boxer” wheeled armoured (...)

German Competition Authority The German Competition Authority clears the acquisition of some dairy brands and production sites by a rival dairy subject to structural and behavioural remedies (Theo Müller Group / Royal Friesland Campina)

72

Following commitments Theo Müller Group can acquire parts of the dairy business of Royal Friesland Campina* Bonn, 22 February 2023: Following intensive investigations, the Bundeskartellamt has today cleared plans by the Theo Müller Group to acquire brands and production sites for a number of (...)

German Competition Authority The German Competition Authority clears the acquisition of three hospitals in Hamm, Lippstadt and Gronau by a rival (Johanniterorden / St. MarienHospital)

54

Bundeskartellamt has no objections to hospital mergers in Hamm, Lippstadt and Gronau (Westphalia)* Bonn, 21 February 2023: The Bundeskartellamt has cleared the merger projects by the hospital branch of the German Order of Saint John (Johanniterorden) to acquire three Protestant hospitals in (...)

German Competition Authority The German Competition Authority fines road builders for collusive tendering (Höhler / Möckel Bauunternehmung / Möllmann Straßen- und Ingenieurbau / Stra-La Bau)

84

Road builders fined for collusive tendering* Bonn, 15 February 2023: The Bundeskartellamt has imposed fines amounting to a total of almost one million euros on the four Dortmund-based construction companies Höhler GmbH & Co. KG, Möckel Bauunternehmung GmbH & Co. KG, Möllmann Straßen- (...)

German Competition Authority The German Competition Authority issues a Statement of Objections to an association of medical aid providers over a coordinated price increase to the detriment of health insurance companies (ARGE)

67

Bonn, 25 January 2023: The Bundeskartellamt has sent its preliminary investigation results in the proceeding for coordinated price increases to the detriment of health insurance companies to the working group of associations of medical aids providers (referred to as ARGE) for comments. ARGE (...)

German Competition Authority The German Competition Authority unconditionally clears takeover of an electronic newspaper and magazine platform by a global books and magazine publishing company (Readly / Cafeyn)

170

The Swedish media group Bonnier News Group AB intends to acquire all shares in Readly International AB based in Stockholm, Sweden. Bonnier agreed with the French Cafeyn Group SAS that Cafeyn will be taking over Readly’s international business after the acquisition. The Bundeskartellamt has (...)

German Competition Authority The German Competition Authority initiates competition infringement proceedings against a payment services provider for possibly foreclosing competitors and restricting price competition (Paypal)

458

Bundeskartellamt initiates proceeding against PayPal* The Bundeskartellamt has initiated a proceeding against PayPal (Europe) S.à.r.l. et Cie, S.C.A. on account of practices possibly foreclosing competitors and restricting price competition. The proceeding deals with PayPal’s “Rules about (...)

German Competition Authority The German Competition Authority issues a Statement of Objections against a Big Tech search engine for implementing anticompetitive data processing terms (Google)

99

Statement of objections issued against Google’s data processing terms* Bonn, 11 January 2023: On 23 December 2022 the Bundeskartellamt sent Alphabet Inc., Mountain View, USA, Google Ireland Ltd., Dublin, Ireland, and Google Germany GmbH, Hamburg, Germany, its preliminary legal assessment in (...)

German Competition Authority The German Competition Authority secures a licensing deal on behalf of news publishers as part of a now-concluded investigation into the world’s largest search engine (Google News Showcase)

110

Improvements for publishers using Google News Showcase* Bonn, 21 December 2022: The Bundeskartellamt has concluded its proceeding against Google/Alphabet with regard to the “Google News Showcase” online news service after Google made a number of important adjustments to the benefit of (...)

German Competition Authority The German Competition Authority publishes an interim report on the sector inquiry into refineries and fuel wholesale, which provides a deep insight into the structures of the refinery business in Germany, for assessment of competition concerns across all levels in the sector

157

Interim report on the sector inquiry into refineries and fuel wholesale* The Bundeskartellamt has today published an interim report on its ongoing sector inquiry into fuels at the refinery and wholesale level. Andreas Mundt, President of the Bundeskartellamt: "Our interim report provides a (...)

German Competition Authority The German Competition Authority receives a Big Tech company’s response that its virtual reality headsets can now be used without an account on its social network (Meta Quest / Meta)

310

Meta (Facebook) responds to the Bundeskartellamt’s concerns – VR headsets can now be used without a Facebook account* Users who want to use the Quest 2 VR headset offered by Meta Quest (formerly Oculus) no longer need a Facebook account to do so. Meta has responded to the Bundeskartellamt’s (...)

German Competition Authority The German Competition Authority extends its ongoing proceedings against an e-commerce giant to include the application of new powers which will allow the Authority to review the degree to which the firm may set market rules (Amazon)

176

Extension of ongoing proceedings against Amazon to also include an examination pursuant to Section 19a of the German Competition Act (GWB)* The Bundeskartellamt has extended two ongoing abuse control proceedings against Amazon to now also include the application of the new instrument for (...)

German Competition Authority The German Competition Authority confirms that the planned cooperation between three gas wholesalers does not raise competition concerns (Uniper / RWE / EnBW/VNG)

107

LNG terminals – no competition concerns about planned cooperation between Uniper, RWE and EnBW/VNG* The Bundeskartellamt has no competition concerns about the way in which the major German gas importers and wholesalers Uniper, RWE and EnBW/VNG are currently planning to work together to set (...)

German Competition Authority The German Competition Authority allows a one-time temporary cooperation project between sugar producers to mitigate the effects of possible gas shortages due to the war in Ukraine (Nordzucker / Südzucker / Pfeifer & Langen / Consun Beet)

114

Mitigating the effects of possible gas shortages – Bundeskartellamt allows one-time temporary cooperation project between sugar producers* The four companies Nordzucker, Südzucker, Pfeifer & Langen and Cosun Beet producing sugar in Germany are planning to work together in order to ensure (...)

German Competition Authority The German Competition Authority issues interim order to an airline forbidding the termination of cooperation agreements with a rival on the grounds that to do so would impede competition (Condor / Lufthansa)

155

Lufthansa impedes Condor in competition for long-haul flights – Bundeskartellamt secures access to feeder flights* The Bundeskartellamt prohibits Lufthansa for the time being from terminating long-standing cooperation agreements (Special Prorate Agreements, SPAs) with Condor. Andreas (...)

German Competition Authority The German Competition Authority receives notification that two shipping companies have abandoned their merger plans following the Authority’s Statement of Objection (China International Marine Containers Group / Maersk)

88

Bundeskartellamt / Manufacture of shipping containers* China International Marine Containers Group abandons its planned acquisition of Maersk Container Industry following concerns expressed by the Bundeskartellamt Bonn, 26 August 2022: The parties have withdrawn the notification of the (...)

German Competition Authority The German Competition Authority clears a joint-venture between a publishing house and an association of pharmacies which operates an online drug delivery platform (NOWEDA / Burda)

81

Bundeskartellamt clears Burda’s participation in NOWEDA’s digital platform “IhreApotheken.de”* The Bundeskartellamt has cleared the planned creation of a joint venture by Essen-based NOWEDA Apothekengenossenschaft eG and Burda Verlag GmbH, Munich under merger control law. NOWEDA is an (...)

German Competition Authority The German Competition Authority signals that there are no competition concerns over a partial acquisition by an oil producer of a rival (Alcmene / PCK Raffinerie)

118

No concerns under merger control law about Liwathon Group’s potential participation in PCK Raffinerie GmbH, Schwedt* The Bundeskartellamt has today cleared plans by Alcmene GmbH, a member of the Liwathon Group, to acquire 37.5 per cent of the shares in PCK Raffinerie GmbH, Schwedt (PCK). (...)

German Competition Authority The German Competition Authority approves the creation of a joint venture between three entities active in the defence industry, allowing for collaboration on a new weapons system (Airbus / German FCMS / MBDA Deutschland)

113

Bundeskartellamt approves creation of joint venture between Airbus Defence and Space GmbH, German FCMS GbR and MBDA Deutschland GmbH* The Bundeskartellamt has today cleared the creation of a joint venture between Airbus Defence and Space GmbH, German FCMS GbR and MBDA Deutschland GmbH. For (...)

German Competition Authority The German Competition Authority clears the takeover of an engineering firm by one of the largest construction companies in the country (Wayss & Freytag Ingenieurbau / ZECH Group)

130

Bundeskartellamt clears takeover of Wayss & Freytag Ingenieurbau AG by the ZECH Group* The Bundeskartellamt has today cleared the acquisition of Wayss & Freytag Ingenieurbau AG, Frankfurt am Main, (“Wayss & Freytag”) by ZECH Building SE, Erkrath, (“ZECH”), a member of the ZECH (...)

German Competition Authority The German Competition Authority declares an online marketplace platform to be of ’paramount significance for competition across markets, subjecting the undertaking to stricter regulation (Amazon)

105

Amazon now subject to stricter regulations – Bundeskartellamt determines its paramount significance for competition across markets (Section 19a GWB)* Yesterday, the Bundeskartellamt formally determined that Amazon.com, Inc. based in Seattle, USA, is an undertaking of paramount significance (...)

German Competition Authority The German Competition Authority imposes €12.5M in fines for first-of-its-kind vertical and horizontal bid rigging in the industrial construction sector (Dillinger Hütte / Hochtief)

139

Fines imposed for concluding agreements in the industrial construction sector* The Bundeskartellamt has imposed fines totalling approx. 12.5 million euros against Aktien-Gesellschaft der Dillinger Hüttenwerke (Dillinger Hütte) and Hochtief Solutions AG (Hochtief) for concluding illegal (...)

German Competition Authority The German Competition Authority closes its investigation into resale price maintenance by a provider of billing software for hospitality companies after external lawyers demonstrate compliance (Orderman)

68

Imposing minimum advertised prices in online sales* The Bundeskartellamt has terminated an administrative proceeding against Orderman GmbH (Orderman) without issuing a formal decision. The subject of the proceeding was a possible violation of the German and European prohibitions of (...)

German Competition Authority The German Competition Authority finds a Big Tech company to be of paramount significance to competition across markets and determines new rules can be applied to control for abuse of dominance (Meta)

459

New rules apply to Meta (formerly Facebook) – Bundeskartellamt determines its “paramount significance for competition across markets”* The Bundeskartellamt has formally determined the paramount significance for competition across markets of Meta Platforms, Inc., Menlo Park, USA. The toolkit (...)

German Competition Authority The German Competition Authority issues a Statement of Objections against contractual clauses used in train mobility platforms as constituting an abuse of market power (Deutsche Bahn)

538

Fair competition for digital mobility services – Bundeskartellamt issues statement of objections against Deutsche Bahn due to possible hindrance of mobility platforms * The Bundeskartellamt has come to the preliminary conclusion that certain practices and contractual clauses used by (...)

German Competition Authority The German Competition Authority closes in-depth preliminary investigation and clears a purchasing agreement between hypermarket acquirers and supermarket chain (Real / Dr Tischendorf / REWE)

417

No proceeding initiated on account of purchasing agreement for further operation of 63 “real” stores* Following an in-depth preliminary examination, the Bundeskartellamt has decided not to initiate a proceeding under competition law on account of a planned purchasing cooperation between the (...)

German Competition Authority The German Competition Authority publishes the annual report of its market transparency unit for fuels and launches an ad-hoc examination of the mineral oil sector

756

Annual report of the Market Transparency Unit for Fuels – Bundeskartellamt launches ad-hoc examination of the mineral oil sector * With high prices and a rapidly changing market, the provision of immediate information for consumers via price information apps has become even more valuable. (...)

German Competition Authority The German Competition Authority clears merger between two regional hospitals (Sankt Elisabeth Hospital / Katholische Hospitalvereinigung Ostwestfalen)

184

Bundeskartellamt clears merger between Catholic hospitals in Bielefeld and Gütersloh* The Bundeskartellamt has cleared the acquisition of Sankt Elisabeth Hospital GmbH in Gütersloh by Katholische Hospitalvereinigung Ostwestfalen GmbH based in the neighbouring city of Bielefeld. Both hospital (...)

German Competition Authority The German Competition Authority has no serious competition law concerns against an industry agreement to improve animal welfare in milk production (QM-Milch)

340

Increasing animal welfare in milk production – Bundeskartellamt tolerates the introduction of the QM+ programme* The Bundeskartellamt has no serious competition law concerns against the “industry agreement milk” (Branchenvereinbarung Milch) presented by QM-Milch e.V. to improve animal (...)

German Competition Authority The German Competition Authority unconditionally clears an agricultural wholesaler’s acquisition of joint control of a private agricultural trading company (BAT / Rudolf Peters)

389

Proposed merger in the agricultural trade: Bundeskartellamt clears BAT’s acquisition of joint control of Rudolf Peters* In the agricultural trading sector, the Bundeskartellamt has cleared the increase in the number of shares held by BAT Agrar GmbH in Rudolf Peters Landhandel GmbH & Co. (...)

German Competition Authority The German Competition Authority approves a merger between an agricultural retail trading company and an agricultural wholesale company (BAT Agrar / Rudolf Peters Landhandel)

169

Proposed merger in the agricultural trade: Bundeskartellamt clears BAT’s acquisition of joint control of Rudolf Peters* Bonn, 28 March 2022: In the agricultural trading sector, the Bundeskartellamt has cleared the increase in the number of shares held by BAT Agrar GmbH in Rudolf Peters (...)

German Competition Authority The German Competition Authority initiates proceeding against medical aids associations for coordinated price increases to the detriment of health insurance companies (ARGE)

301

Bundeskartellamt initiates proceeding against medical aids associations for coordinated price increases to the detriment of health insurance companies * Several associations of suppliers of medical aids joined forces to demand coordinated price increases in the rehabilitation and care (...)

German Competition Authority The German Competition Authority clears a merger between a US chip manufacturer and a software division of a Swedish automotive supplier (Qualcomm / Veoneer)

200

Chips and perception software in driver assistance systems: Qualcomm can take over Veoneer’s Arriver business* The Bundeskartellamt has today cleared plans by the US chip manufacturer Qualcomm Incorporated to take over the software division of the Swedish automotive supplier Veoneer Inc. (...)

German Competition Authority The German Competition Authority closes its investigation into cooperation between two major telecommunications companies after the companies agree to share their networks with a third company (Vodafone / Telekom Deutschland / Telefónica)

58

Assessment of “grey spots cooperation” under competition law concluded On 21 March 2022, the Bundeskartellamt ended its proceeding to assess the “grey spots cooperation” in the mobile market under competition law. The planned cooperation which originally only involved Vodafone GmbH (...)

German Competition Authority The German Competition Authority declares that it has no objections to the further development of a payment system envisaged by a banking industry committee after initial plans for an exclusivity agreement were given up (Deutsche Kreditwirtschaft)

492

Bundeskartellamt has no objections to the further development of the giropay online payment system after initial plans for an exclusivity agreement were given up* The Bundeskartellamt has no objections to the further development of the giropay payment system envisaged by Deutsche (...)

German Competition Authority The German Competition Authority finds the 2023 fuel supply and distribution licenses award model of a concession company compatible with competition law (Tank & Rast)

573

Fuel sales at motorway petrol stations - Tank & Rast’s new award model does not violate competition law* The Bundeskartellamt has no serious competition concerns about plans by Tank & Rast GmbH, Bonn for the award of fuel supply and distribution licences for motorway petrol stations (...)

German Competition Authority The German Competition Authority clears the acquisition of 58 stores by a hypermarket chain subject to a management buyout (Real / Dr Tischendorf)

532

Bundeskartellamt clears acquisition and further operation of 58 “Real” stores – purchasing agreement to be reviewed separately* The Bundeskartellamt has today cleared under merger control the acquisition of 58 more “Real” stores by real Beteiligungs- und Service GmbH, Frankfurt am Main, from (...)

German Competition Authority The German Competition Authority clears the takeover of a petrol station network on the condition that 48 service stations be sold to third companies (EG Group / OMV Retail)

400

Acquisition of OMV petrol station network by EG Group (Esso) cleared under the condition that 48 service stations be sold to third companies* Today the Bundeskartellamt has cleared plans by EG Group Limited, Blackburn/UK, which operates the ESSO service station network in Germany, to acquire (...)

German Competition Authority The German Competition Authority preliminarily assesses that an airline company is entitled under competition law to have access to feeder flights operated by a rival to transport its long-haul passengers (Condor / Lufthansa)

421

Bundeskartellamt preliminarily objects to Lufthansa’s impediment of Condor in the long-haul business* The Bundeskartellamt preliminarily assesses that Condor is entitled under competition law to have access to feeder flights operated by Lufthansa to transport its long-haul passengers. (...)

German Competition Authority The German Competition Authority clears a merger between a furniture purchasing cooperation and a leading furniture retailer after they extensively modified their plans (KHG / Begros)

244

The Krieger/Höffner Group (KHG) can join Begros furniture purchasing cooperation after extensive modifications to its plans* KHG GmbH & Co. KG, Schönefeld (Krieger/Höffner Group) can join the furniture purchasing cooperation, Bedarfsgüter Großhandelsgesellschaft für Wohnung GmbH, (...)

German Competition Authority The German Competition Authority initiates an inquiry in the waste management sector to examine whether a recycling management company can be obliged to notify future takeovers of smaller companies (Rethmann Group / Remondis)

295

Rethmann Group / Remondis: Bundeskartellamt examines preconditions for extended obligation to notify future takeovers (Section 39a German Competition Act, GWB)* The Bundeskartellamt has initiated a further sector inquiry in the waste management sector. The authority is going to examine (...)

German Competition Authority The German Competition Authority concludes its examination into whether an initiative to introduce living wages in the banana sector and an initiative to expand animal welfare to include cattle fattening could raise competition concerns

304

Achieving sustainability in a competitive environment – Bundeskartellamt concludes examination of sector initiatives* The Bundeskartellamt has concluded the examination of two separate business cooperations and sustainability initiatives: An initiative launched by the German retail sector (...)

German Competition Authority The German Competition Authority holds consultations on a Big Tech company’s proposals for dispelling competition concerns in the press sector (Google News Showcase)

233

Google News Showcase – Bundeskartellamt holds consultations on Google’s proposals for dispelling competition concerns* Google has proposed measures to dispel the Bundeskartellamt’s competition concerns in the authority’s ongoing proceeding to examine the Google News Showcase online service. (...)

German Competition Authority The German Competition Authority announces that the world’s biggest search engine and its holding company are subject to an extended abuse control by the Authority (Google / Alphabet)

662

Alphabet/Google subject to new abuse control applicable to large digital companies – Bundeskartellamt determines “paramount significance across markets”* The Bundeskartellamt has delivered its decision that Alphabet Inc., Mountain View, USA, and therefore also its subsidiary Google, is (...)

German Competition Authority The German Competition Authority considers the acquisition of a CRM platform by a social media platform to be subject to merger notification (Meta / Kustomer)

217

Bundeskartellamt considers Meta/Kustomer merger to be subject to notification* Meta Platforms Inc., Menlo Park/USA (formerly Facebook, Inc.) has announced that it intends to acquire the company Kustomer Inc. Kustomer is a company based in New York (USA) which offers its business customers a (...)

German Competition Authority The German Competition Authority receives withdrawal from proposed joint venture in scrap recycling sector due to competition concerns (TSR Recycling / Lünen / Rhein-Main Rohstoffe)

180

Withdrawal of merger notification in scrap recycling sector due to competition concerns* The companies TSR Recycling GmbH & Co. KG, Lünen, and Rhein-Main Rohstoffe GmbH, Frankfurt, withdrew their notification of the formation of a joint venture on 8 December 2021. The Bundeskartellamt (...)

German Competition Authority The German Competition Authority imposes a fine totalling around €7M on an audio equipment manufacturer for resale price maintenance in the distribution of their audio products through authorized dealers (Bose)

787

Bundeskartellamt imposes fine on audio equipment manufacturer Bose* The Bundeskartellamt has imposed a fine totaling around 7 million euros on Bose GmbH, which is based in Friedrichsdorf, on account of resale price maintenance. Bose manufactures and distributes high-end consumer electronics. (...)

German Competition Authority The German Competition Authority publishes the preliminary findings of its sector inquiry into the charging infrastructure for electric vehicles and calls for more competition within the sector

607

Bundeskartellamt calls for more competition in the provision of charging electricity - Preliminary findings of sector inquiry into charging infrastructure* The Bundeskartellamt has today published a progress report on its ongoing sector inquiry into charging station infrastructure (“Sector (...)

German Competition Authority The German Competition Authority prohibits the complete acquisition of the publishing companies of the daily newspaper by media company publishing a competing newspaper (Ostthüringer / Funke)

239

Bundeskartellamt prohibits complete acquisition of publisher of “Ostthüringer Zeitung” by Funke-Mediengruppe* The Bundeskartellamt has prohibited a company of Funke Mediengruppe from acquiring the sole control of the publishing companies of the daily newspaper “Ostthüringer Zeitung”. Funke (...)

German Competition Authority The German Competition Authority clears the reacquisition by the federal state of North Rhine-Westphalia of a hospital group’s shares in a national clinic (Sana / Herz- und Diabeteszentrum Bad Oeynhausen)

284

Bundeskartellamt clears reacquisition by the federal state of North Rhine-Westphalia of Sana shares in Herz- und Diabeteszentrum Bad Oeynhausen* The Bundeskartellamt has cleared the acquisition of the remaining 50 percent of the shares in the Herz- und Diabeteszentrum (heart and diabetes (...)

German Competition Authority The German Competition Authority imposes fines on manufacturers and retailers of musical instruments for resale price maintenance (Yamaha Music / Rellingen / Roland / Rüsselsheim)

597

Bundeskartellamt imposes fines on manufacturers and retailers of musical instruments* The Bundeskartellamt has imposed fines totalling approx. 21 million euros on three manufacturers and two retailers of musical instruments and on staff responsible. The manufacturers and retailers are (...)

German Competition Authority The German Competition Authority examines whether the acquisition of a CRM platform by a social media platform is subject to notification (Facebook / Kustomer)

283

Bundeskartellamt examines whether Facebook / Kustomer merger is subject to notification* The Bundeskartellamt has initiated a proceeding against Facebook to examine whether its planned acquisition of the start-up Kustomer falls under the scope of German merger control. Kustomer is based in (...)

German Competition Authority The German Competition Authority investigates the chipboard panel market following a period of unusually high prices following the pandemic thought to result of a high degree of concentration in the market

31

Investigations into high and sharply rising sales prices for chipboard panels* The Bundeskartellamt examined whether the price increases and bottlenecks in the supply of chipboard panels could be the result of anti-competitive agreements or market power held by individual or several (...)

German Competition Authority The German Competition Authority unconditionally clears a merger between two family-owned food retailers on the market for preserved fruit in glass jars and cartons (Andros / Spreewaldhof)

260

Bundeskartellamt clears acquisition of Spreewaldhof by Andros* The Bundeskartellamt has today cleared the acquisition of Obst- und Gemüseverarbeitung “Spreewaldkonserve” Golßen GmbH (“Spreewaldhof”) by Andros & Cie SAS (“Andros”) in second-phase proceedings. Andreas Mundt, President of (...)

German Competition Authority The German Competition Authority initiates proceedings against a Big Tech company to examine its new method of displaying external publisher’s news content (Google News Showcase)

356

Bundeskartellamt examines Google News Showcase* The Bundeskartellamt has initiated a proceeding against Alphabet Inc., Mountain View, USA, and its affiliates (“Google”) to examine under competition law the Google News Showcase service offered by the company. The examination is mainly based (...)

German Competition Authority The German Competition Authority uses new rules for large digital players to examine a Big Tech company’s online marketplace and its competition significance across markets (Amazon)

379

Proceedings against Amazon based on new rules for large digital companies (Section 19a GWB)* The Bundeskartellamt has today initiated a proceeding against Amazon based on the new rules for large digital companies. It is the second proceeding that the Bundeskartellamt has opened based on the (...)

German Competition Authority The German Competition Authority clears a merger between two national agricultural product suppliers subject to conditions (RaiWa Kassel / RWZ Cologne)

181

Agricultural trade: RaiWa Kassel can acquire 19 locations of RWZ Cologne – Bundeskartellamt allows merger only after changes to merger plans* The Bundeskartellamt has today cleared the acquisition of 19 locations of the agricultural cooperative Raiffeisen Waren-Zentrale Rhein-Main eG (RWZ), (...)

German Competition Authority, Australian Competition Authority, UK Competition Authority The UK, German and Australian Competition Authorities agree on a joint statement on merger control

669

Competition Agencies from Germany, the UK and Australia agree on Joint Merger Statement* Today, the Bundeskartellamt, the UK’s Competition and Markets Authority (CMA) and the Australian Competition and Consumer Commission (ACCC) have agreed on a joint statement on merger control. The joint (...)

German Competition Authority The German Competition Authority discontinues its proceedings against a national postal service company following the company’s decision to end its rebate system (Deutsche Post)

221

Fair competition in the dispatch of newspapers and magazines – Bundeskartellamt effects changes to Deutsche Post’s conditions* In reaction to the Bundeskartellamt competition concerns, Deutsche Post AG has amended its system of conditions for the dispatch of newspapers and magazines. (...)

German Competition Authority The German Competition Authority fines three steel forging companies for exchanging information (Bharat Forge Global / Musashi Bockenau / Bad Sobernheim)

428

Bundeskartellamt imposes fines on steel forging companies* The Bundeskartellamt has imposed fines totalling approx. 35 million euros on three steel forging companies and two senior staff members for their involvement in an anti-competitive exchange of information. The companies concerned are (...)

German Competition Authority The German Competition Authority assesses whether the newly enforced competition law provisions for companies "with paramount significance for competition across markets" can be used in its investigation into a Big Tech company (Oculus / Facebook)

384

First proceeding based on new rules for digital companies – Bundeskartellamt also assesses new Section 19a GWB in its Facebook/Oculus case* In December 2020, the Bundeskartellamt initiated abuse proceedings against Facebook due to the linkage between Oculus and the Facebook network (see (...)

German Competition Authority The German Competition Authority includes a third national telecommunications company in the companies’ cooperation agreements on eliminating grey zones to safeguard competition (Telefónica / Deutsche Telekom / Vodafone)

182

Safeguarding competition in mobile communication cooperations - Telefónica, Deutsche Telekom and Vodafone plan to jointly eliminate “grey spots”* Telefónica (o2), Deutsche Telekom and Vodafone plan to enter into mutual cooperations to close gaps in their mobile communication networks, (...)

German Competition Authority The German Competition Authority fines manufacturers of gully tops and manhole covers €6M for concluding agreements on prices and rebates (MeierGuss Sales & Logistics / KG)

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Manufacturers of manhole covers and gully tops fined for price-fixing* The Bundeskartellamt has imposed fines totalling around 6 million euros on two manufacturers of manhole covers and gully tops and their representatives for agreements on prices and rebates and an agreement to carve up two (...)

German Competition Authority The German Competition Authority fines five aluminium forging companies and ten employees responsible for engaging in illegal anti-competitive agreements (Otto Fuchs / Leiber / Emmingen-Liptingen..)

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Bundeskartellamt - Cartel Prosecution* Fines imposed on aluminium forging companies on account of anti-competitive agreements Bonn, 23 December 2020: The Bundeskartellamt has imposed fines totalling approximately 175 million euros on five aluminium forging companies and ten employees (...)

German Competition Authority The German Competition Authority clears two acquisitions of hypermarkets by two food retail chains subject to conditions (Real / Kaufland) (Real / Globus)

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Kaufland can acquire 92 Real stores subject to conditions – Globus can acquire 24 Real stores* The Bundeskartellamt has today cleared the acquisition of up to 92 Real stores by Kaufland, which is part of the Schwarz Group, from SCP Retail S.àr.l., subject to conditions. The authority has at (...)

German Competition Authority The German Competition Authority clears the business-to-consumer side of a Phase II merger of furniture stores, subject to conditions and subject to clearance of the business-to-business side of the merger by the EU Commission (XXXLutz / Tessner group)

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Bundeskartellamt clears merger of XXXLutz and the Tessner group (Roller, tejo’s, Schulenburg) only subject to conditions* Following an in-depth examination the Bundeskartellamt has cleared the planned acquisition by Mann Mobilia Beteiligungs GmbH, based in Würzburg (part of the Austrian (...)

German Competition Authority The German Competition Authority clears hospital merger in the eastern Ruhr area (Kath. St.-Johannes-Gesellschaft Dortmund / Katholische St. Lukas Gesellschaft / Marienkrankenhaus Schwerte gem. / Katholische Klinikum Lünen)

137

Bundeskartellamt clears hospital merger in the eastern Ruhr area* The Bundeskartellamt has no objections to the establishment of a new hospital holding company by the operators of Kath. St.-Johannes-Gesellschaft Dortmund gGmbH, Dortmund, Katholische St. Lukas Gesellschaft mbH, Dortmund, (...)

German Competition Authority The German Competition Authority finds competition concerns in proposed merger of major food retailers and extends the deadline for a decision to negotiate solutions with the companies (Real / Kaufland)

64

Bundeskartellamt has concerns about Kaufland’s acquisition of Real stores - negotiations on commitments - deadline extended to 30 December* The Bundeskartellamt is currently examining plans by Kaufland to acquire up to 101 Real stores from SCP Retail S.àr.l. The authority has today informed (...)

German Competition Authority The German Competition Authority finds no competition concerns in 2 newspapers’ joint marketing of advertising space (Süddeutsche Zeitung / Frankfurter Allgemeine Zeitung

117

Cooperation between FAZ and SZ in the joint marketing of advertising space is unproblematic in terms of competition law* The Bundeskartellamt has no competition concerns regarding the planned joint marketing of supra-regional advertising space between the German newspapers Süddeutsche (...)

German Competition Authority The German Competition Authority unconditionally clears merger between top vehicle insurance provider and the industry’s leading provider of automated claims settlement services (Allianz / ControlExpert)

176

Automated settlement of motor vehicle claims: Allianz cleared to take over ControlExpert* Yesterday, the Bundeskartellamt cleared plans by Allianz Strategic Investments. S.à.r.l., Luxembourg, (Allianz) to acquire ControlExpert Holding B.V. Amsterdam (ControlExpert). Allianz belongs to the (...)

German Competition Authority The German Competition Authority closes investigation into resale price maintenance after Spanish guitar manufacturer clarifies to retailers that final price is at their discretion (Manufacturas Alhambra)

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Bundeskartellamt safeguards freedom to set prices for guitars* Following investigations by the Bundeskartellamt into suspected illegal resale price maintenance, the Spanish guitar manufacturer, Manufacturas Alhambra S.L., has distanced itself from possibly influencing the pricing policy of (...)

German Competition Authority The German Competition Authority publishes as a result of its investigation a paper on the effects of narrow price parity clauses on sales of online hotel platforms (Booking)

218

The effects of narrow price parity clauses on online sales of online hotel platforms – Investigation results from the Bundeskartellamt’s Booking proceeding* The Bundeskartellamt has published a paper on “The effects of narrow price parity clauses on online sales - Investigation results from (...)

German Competition Authority The German Competition Authority allows the leading national meat company to bring in house employment contracts it previously had externally with meat cutters through a personnel company as part of a wider change in the meat industry’s staffing due to COVID-19 (Tönnies / Lazar)

244

Tönnies can take over employment contracts concluded with Lazar GmbH* The Bundeskartellamt has cleared the acquisition of the assets of Lazar GmbH, Crailsheim, by Tönnies Holding, Rheda-Wiedenbrück. Tönnies is by far the leading company in the slaughter and meat industry in Germany. The (...)

German Competition Authority The German Competition Authority clears a joint venture between two German newspapers in the printed advertisement sector (Süddeutsche Zeitung / Frankfurter Allgemeine Zeitung)

200

Joint marketing of advertising space - Süddeutsche Zeitung and Frankfurter Allgemeine Zeitung can establish a joint venture, but the examination of the cooperation under antitrust law is still ongoing* After examining the project under merger control law the Bundeskartellamt has cleared the (...)

German Competition Authority The German Competition Authority allows cooperation between competing breweries in the production of Kölsch type of beer specific to the local market in Cologne due to resulting efficiency gains in production (Radeberger / Früh)

200

No objections to cooperation between Radeberger and Früh for the production of Kölsch* The Bundeskartellamt has today announced that a cooperation between the Radeberger Group KG (“Radeberger“) and Cölner Hofbräu P. Josef Früh KG (“Früh”) for the production of Kölsch can been deemed to (...)

German Competition Authority The German Competition Authority clears the merger of transport companies providing transport of goods by inland waterway vessel with no conditions because the market is characterised by overcapacities (Rhenus / Deutsche Binnenreederei)

171

Rhenus can take over Deutsche Binnenreederei* The Bundeskartellamt has cleared the planned acquisition of Deutsche Binnenreederei AG, Berlin, by Rhenus SE & Co. KG, Holzwickede. The main business of Deutsche Binnenreederei is the transport of goods by inland waterway vessel, especially (...)

German Competition Authority The German Competition Authority assists a national hospital institute in ensuring a competitive procurement process for licensing a new algorithm for invoicing hospital services (Institute for the Hospital Remuneration System)

196

Bundeskartellamt safeguards innovation with regard to software for the classification and invoicing of hospital services* The Bundeskartellamt successfully assisted the Institute for the Hospital Remuneration System (Institut für das Entgeltsystem im Krankenhaus, InEK) in ensuring that its (...)

German Competition Authority The German Competition Authority clears online platform sales model of a brand’s competing brick-and-mortar retailers being allowed to sell on the same platform under the umbrella of the brand (Intersport)

252

Bundeskartellamt clears Intersport’s online platform sales model* The Bundeskartellamt has examined Intersport’s online platform sales model and has no objections under competition law. Based on the available information the Bundeskartellamt sees no need for an in-depth examination. (...)

German Competition Authority The German Competition Authority supports the German association of the automotive industry’s measures for overcoming the challenges caused by the COVID-19 pandemic in the automotive industry

424

Crisis management measures in the automotive industry - Bundeskartellamt supports the German Association of the Automotive Industry (VDA) in developing framework conditions under competition law aspects* The German Association of the Automotive Industry (VDA) has presented measures for (...)

German Competition Authority The German Competition Authority reports substantial differences in fuel prices at different petrol stations, exacerbated by the effects on oil prices by the COVID-19 pandemic

518

Substantial price differences at petrol stations - Bundeskartellamt publishes Annual Report of the Market Transparency Unit for Fuels* The Bundeskartellamt has published its 2019 annual report on the work of its Market Transparency Unit for Fuels today. Andreas Mundt, President of the (...)

German Competition Authority The German Competition Authority clears the acquisition of a key European shunter manufacturer by a Chinese state-owned manufacturer of railway vehicles (Vossloh Locomotives / CRRC Zhuzhou Locomotives)

333

Chinese company CRRC can acquire Vossloh’s shunter division* The Bundeskartellamt has today cleared the acquisition of Vossloh Locomotives GmbH, Kiel, by CRRC Zhuzhou Locomotives Co., Ltd., Zhuzhou (People’s Republic of China). Andreas Mundt, President of the Bundeskartellamt: “In the (...)

German Competition Authority The German Competition Authority clears acquisition of home improvement stores by a competitor with no conditions because of other existing competitors in all markets considered (Bauhaus / Knauber)

70

Bundeskartellamt clears acquisition of Knauber home improvement stores by Bauhaus* In the first phase of its investigations the Bundeskartellamt has cleared the planned acquisition of four home improvement stores belonging to the Bonn-based Knauber Freizeit GmbH & Co. KG by Bauhaus (...)

German Competition Authority The German Competition Authority discontinues its administrative proceeding against 2 TV broadcasters who secured exclusive rights to champions league broadcast because of new market entrants and the unpredictability of football season due to the COVID-19 pandemic (Sky / DAZN)

387

Proceeding against Sky and DAZN discontinued – Award procedure relating to Champions League broadcasting rights* Today, the Bundeskartellamt discontinued its proceeding against Sky Ltd., London, and DAZN Group Ltd., London, for discretionary reasons; the proceeding had been conducted due to (...)

German Competition Authority The German Competition Authority discontinues the proceedings against the "alliance of publishing houses" in the press wholesale sector as they end the minimum sales requirement (Verlagsallianz / BPVG)

239

Bundeskartellamt brings an end to minimum sales requirement in the press wholesale sector* The “alliance of publishing houses” (Verlagsallianz) consisting of seven major German publishing houses and the Association of German Book, Newspaper and Magazine Wholesalers (BPVG) have refrained from (...)

German Competition Authority The German Competition Authority fines seven wholesalers of plant protection products and their responsible employees for agreeing on price lists, discounts and some individual sales prices (Agravis / Agro Agrargroßhandel / BayWa / BSL Betriebsmittel Service Logistik / Getreide / Raiffeisen Waren / ZG Raiffeisen)

699

Wholesalers of plant protection products fined for anti-competitive agreements on price lists, discounts and individual prices* Bonn, 13 January 2020: The Bundeskartellamt has imposed fines totalling 154.6 million euros on seven wholesalers of plant protection products and their responsible (...)

German Competition Authority The German Competition Authority makes legally bidding remedies by which two telecommunications companies will carry out an extensive deployment and grant third companies access to their network (Telekom Deutschland / EWE)

33

Binding commitments undertaken by Telekom and EWE for joint fibre-optic deployment* Telekom Deutschland GmbH and EWE AG would like to cooperate in the development of fibre-optic networks in parts of Lower Saxony, North Rhine-Westphalia and Bremen. The companies have now undertaken to the (...)

German Competition Authority The German Competition Authority closes cartel and abuse proceedings against a national tax adviser chambers for using a single database company for electronic legitimation of tax advisers subject to commitment to adjust the chambers’ IT system to allow for multiple database companies in the near future (German Tax Adviser Chambers / Datev)

386

More competition on the tax advisory software market in future* The German tax adviser chambers have undertaken towards the Bundeskartellamt to facilitate the electronic legitimation of tax advisers via different databases. Once the tax authorities have adjusted their IT systems, the (...)

German Competition Authority The German Competition Authority and the Federal Network Agency publish their joint annual monitoring report on developments in the German electricity and gas markets

438

ENERGY MONITORING REPORT 2019 PUBLISHED BY THE BUNDESNETZAGENTUR AND THE BUNDESKARTELLAMT* The Bundesnetzagentur and the Bundeskartellamt have today published their joint annual monitoring report on developments in the German electricity and gas markets. At present no market dominance in (...)

German Competition Authority The German Competition Authority and the Federal Network Agency issue their guidelines for the control of abusive practices in the electricity generation and wholesale trade sector

468

Control of abusive practices in electricity generation/wholesale trade: Bundeskartellamt and Bundesnetzagentur publish guidelines* The Bundeskartellamt and the Bundesnetzagentur are today publishing the guidelines for the control of abusive practices in the electricity generation and (...)

German Competition Authority The German Competition Authority clears a merger in the hospital sector in spite of the high market shares of the clinics (Klinikverbund Kempten-Oberallgäu / Kreiskliniken Unterallgäu)

370

Bundeskartellamt clears hospital merger in the Allgäu region* In the first phase of examination the Bundeskartellamt has cleared the planned merger of the hospital group Klinikverbund Kempten-Oberallgäu gGmbH, Immenstadt, with the district clinics Kreiskliniken Unterallgäu AöR, Mindelheim, (...)

German Competition Authority The German Competition Authority announces the withdrawal of a merger notification between companies in the information technology sector (IBM / T-Systems)

392

IBM withdraws notification of its acquisition of staff, hardware and software from T- Systems’ mainframe business after the Bundeskartellamt expressed concerns* Bonn, 7 June 2019: IBM Deutschland GmbH, Ehningen, has withdrawn its notification of plans to acquire essential hard and software (...)

German Competition Authority The German Competition Authority opens a consultation regarding its draft guidelines for the control of abusive practices in the electricity generation and wholesale trade sector

306

Consultation on the control of abusive practices in electricity generation/wholesale trade: Bundeskartellamt and Bundesnetzagentur publish draft guidelines* The Bundeskartellamt and the Bundesnetzagentur are today starting a consultation process on draft guidelines for the control of abusive (...)

German Competition Authority The German Competition Authority fines eight providers of magazine lending services for concluding customer allocation agreements (Daheim / Brabandt / Dörsch / Krumbeck / Medien- Palette / Die Hanse / Hettling’s LeseZirkel / Hettling)

495

Eight providers of magazine lending services fined on account of unlawful customer allocation agreements* The Bundeskartellamt has imposed fines amounting to approx. three million euros on eight magazine lending service providers. The companies are accused of having concluded illegal (...)

German Competition Authority The German Competition Authority prohibits a social network company from abusing its dominant position by combining its user data from different sources (Facebook)

889

Bundeskartellamt / Digital Economy Bundeskartellamt prohibits Facebook from combining user data from different sources* Bonn, 7 February 2019: The Bundeskartellamt has imposed on Facebook far-reaching restrictions in the processing of user data. According to Facebook’s terms and (...)

German Competition Authority The German Competition Authority in cooperation with the Austrian Competition Authority opens a formal proceeding against a search engine company suspected to have concluded anticompetitive agreements (Google)

393

Proceeding against whitelisting contract between Google and Eyeo terminated after amendments to the contract* In cooperation with the Austrian competition authority (BWB) the Bundeskartellamt conducted an administrative proceeding against the companies Google Inc., Mountain View/USA and Eyeo (...)

German Competition Authority The German Competition Authority imposes a fine of €1.4 million on asphalt producers for cartel agreements (Gaul / Südhessische Asphalt-Mischwerke / Mitteldeutsche Hartstein-Industrie)

428

Bundeskartellamt imposes fine of approx. 1.4 million euros on asphalt producers and reviews association guidelines for setting up supplier consortia* The Bundeskartellamt has imposed a fine amounting to 1.43 million euros on Gaul GmbH, a manufacturer of asphalt mixes, for participating in a (...)

German Competition Authority The German Competition Authority unconditionally clears a merger between two national copper producers in Phase II despite them being close competitors (Aurubis / Deutsche Gießdrah)

43

Aurubis can acquire remaining shares in Deutsche Gießdraht* After a merger control decision by the Bundeskartellamt, Aurubis AG, Hamburg, can acquire a further 40 % of the shares in and therefore the sole control of Deutsche Gießdraht GmbH, Emmerich am Rhein. Up to now Deutsche Gießdraht (...)

German Competition Authority The German Competition Authority fines several steel companies for price-fixing and exchanging information (ArcelorMittal Commercial Long / Cologne / Dörrenberg Edelstahl / Engelskirchen Kind & Co. / Edelstahlwerke / Wiehl / Saarstahl / Völklingen / Schmidt + Clemens / Lindlar and Zapp Precision Metals / Schwerte)

445

Bundeskartellamt imposes first fines totalling approx. 205 million euros on special steel companies* The Bundeskartellamt has imposed fines totalling approx. 205 million euros on six special steel companies, a trade association and ten individuals for concluding price-fixing agreements and (...)

German Competition Authority The German Competition Authority considers that an abuse of dominance investigation is not justified in a case where a dominant airline company significantly increased prices on certain routes where it had a monopoly (Lufthansa)

528

Lufthansa tickets 25-30 per cent more expensive after Air Berlin insolvency – "Price increase does not justify initiation of abuse proceeding"* After the insolvency of Air Berlin, Lufthansa held a monopoly position for a few months on some German domestic routes. After receiving numerous (...)

German Competition Authority The German and Austrian Competition Authorities submit for public consultation a joint draft guidance paper on the application of the new transaction value threshold in merger control

380

Joint guidance on new transaction value threshold in German and Austrian merger control submitted for public consultation* he Bundeskartellamt and the Austrian Federal Competition Authority have today submitted for public consultation a joint draft guidance paper on the application of the (...)

German Competition Authority The German Competition Authority closes proceeding on the conditions of supply for raw milk in a case against Germany’s largest dairy company (Deutsche Milchkontor)

202

Proceeding against DMK dairy discontinued* The Bundeskartellamt has discontinued its proceeding on the conditions of supply for raw milk which was conducted as a sample case against Germany’s largest dairy, Deutsche Milchkontor eG. Andreas Mundt, President of the Bundeskartellamt: "We have (...)

German Competition Authority The German Competition launches a market inquiry on remedies proposed by German Olympic Sports Confederation and the International Olympic Committee suspected to abuse of their dominant position (DOSB / IOC)

272

Market test on commitments of DOSB and IOC* The Bundeskartellamt is currently conducting an administrative proceeding against the German Olympic Sports Confederation (Deutscher Olympischer Sportbund, DOSB) and the International Olympic Committee (IOC). The Bundeskartellamt suspects that the (...)

German Competition Authority The German Competition Authority finds in its preliminary assessment that a social network company abused its dominant position by collecting and using data from third-party sources (Facebook)

429

Preliminary assessment in Facebook proceeding: Facebook’s collection and use of data from third-party sources is abusive* The Bundeskartellamt has informed the company Facebook in writing of its preliminary legal assessment in the abuse of dominance proceeding which the authority is (...)

German Competition Authority The German Competition Authority, with the Dutch Competition Authority, fines three undertakings for cartel in the harbor towage sector (Fairplay / Bugsier / Petersen & Alpers)

251

Bundeskartellamt imposes fines on harbour towage service providers* The Bundeskartellamt has imposed fines amounting to approx. 13 million euros on three harbour towage service providers. The companies concerned are Fairplay Schleppdampfschiffsreederei Richard Borchard GmbH, Hamburg, (...)

German Competition Authority The German Competition Authority prohibits exclusive contracts between a seller of tickets and event organisers and advance booking offices (CTS Eventim)

245

Bundeskartellamt prohibits exclusive contracts between CTS Eventim and event organisers and advance booking offices* The Bundeskartellamt has prohibited CTS Eventim from using exclusive contracts which it has concluded with organisers of live entertainment events and advance booking offices. (...)

German Competition Authority The German Competition Authority terminates its administrative proceeding against a national sports association suspected of abuse of dominance (DFB - German Football Association)

266

DFB eases conditions for purchase of tickets for World Cup 2018* The Bundeskartellamt has terminated its administrative proceeding against the German Football Association (DFB) which it had initiated on the suspicion that the association had abused its dominant position. Before this DFB had (...)

German Competition Authority The German Competition Authority closes its proceeding against companies operating on the digital audio-books market suspected of abuse of dominance (Apple / Amazon)

199

Bundeskartellamt closes proceedings against Audible/Amazon and Apple* The Bundeskartellamt has closed its administrative proceedings against Audible.com – a subsidiary of Amazon – and Apple Computer Inc. Following a complaint by the German Publishers and Booksellers Association (Börsenverein (...)

German Competition Authority The German Competition Authority informs the public that manufacturers of glass fibre nonwovens has withdrawn their merger notification (Ahlstrom / Owens Corning)

188

MANUFACTURERS OF GLASS FIBRE NONWOVENS WITHDRAW MERGER NOTIFICATION * The Bundeskartellamt confirms that the notification of the planned merger between European Owens Corning Fiberglas Sprl, Watermael-Boitsfort, Belgium (’Owens Corning’) and Ahlstrom Glassfibre Oy, Kotka, Finland (...)

German Competition Authority The German Competition Authority announces that, following its investigations, a railway company has decided to make far-reaching changes to the sale of passenger tickets (Deutsche Bahn)

375

Deutsche Bahn AG to make changes to ticket sales* Following investigations by the Bundeskartellamt, Deutsche Bahn AG has undertaken to make far-reaching changes to the sale of passenger tickets. The measures will improve the ticket sales possibilities of its competitors. In early 2014 the (...)

German Competition Authority The German Competition Authority clears a merger between producers of equipment for semiconductor manufacture (KLA-Tencor Corporation / Milpitas / Lam Research Corporation / Fremont)

128

BUNDESKARTELLAMT CLEARS PLANNED MERGER OF PRODUCERS OF EQUIPMENT FOR SEMICONDUCTOR MANUFACTURE* The Bundeskartellamt has cleared the planned merger between KLA-Tencor Corporation, Milpitas, USA, and Lam Research Corporation, Fremont, USA. Both parties to the merger are internationally active (...)

German Competition Authority The German Competition Authority opens a proceeding against a social network company suspected to have abused its dominance by infringing data protection rules (Facebook)

295

Bundeskartellamt initiates proceeding against Facebook on suspicion of having abused its market power by infringing data protection rules* The Bundeskartellamt has initiated a proceeding against Facebook Inc., USA, the Irish subsidiary of the company and Facebook Germany GmbH, Hamburg. The (...)

German Competition Authority The German Competition Authority fines a manufacturer of railway sleepers € 1.5 million for an anticompetitive agreement concerning public procurement (Durtrack)

199

Bundeskartellamt concludes proceedings against manufacturers of railway sleepers* The Bundeskartellamt has concluded its investigation proceedings against manufacturers of concrete and wooden railway sleepers and imposed a fine on one manufacturer of concrete railway sleepers. The (...)

German Competition Authority The German Competition Authority fines an undertaking specialized in organic dairies for providing incorrect information in a merger notification (Bongrain Europe)

147

Conclusion of fine proceedings against Bongrain Europe SAS* The Bundeskartellamt has imposed a fine of 90,000 euros on Bongrain Europe SAS, which belongs to the Savencia group, for providing incorrect information in a merger notification. The notification concerned the acquisition of the (...)

German Competition Authority The German Competition Authority fines three publishers of advertising newspapers for implementing anticompetitive agreements (Chemnitzer Verlag und Druck)

103

Three publishers of advertising newspapers in Saxony fined for illegal agreements* The Bundeskartellamt has imposed fines amounting to 12.44 million euros on three publishers of advertising newspapers and persons responsible in the Dresden and Chemnitz region. The companies are accused of (...)

German Competition Authority The German Competition Authority agrees to a settlement with a municipal utility, which has charged excessive water prices to its customers (Wuppertal municipal utility)

192

Excessive water prices - Wuppertal municipal utility has to refund 15 million euros to customers* On account of the excessive water prices charged by the Wuppertal municipal utility, the Bundeskartellamt has agreed a settlement with WSW Energie und Wasser AG, by which the latter will refund (...)

German Competition Authority The German Competition Authority decides not to open formal proceedings against a search engine company in an ancillary copyright dispute (Google / VG Media)

183

Bundeskartellamt takes decision in ancillary copyright dispute* Bonn, 09 September 2015: In the dispute between the copyright collecting society VG Media and Google, the Bundeskartellamt has decided not to open formal proceedings against Google regarding its conduct in connection with the (...)

German Competition Authority The German Competition Authority condemns a manufacturer of running shoes for restricting the online sale activities of small and medium-sized authorised dealers (Asics)

671

Unlawful restriction of online sales of ASICS running shoes* The Bundeskartellamt has concluded its proceeding on anti-competitive clauses in the distribution system of ASICS Deutschland. The authority accuses ASICS of having restricted the online sales activities of small and medium-sized (...)

German Competition Authority The German Competition Authority clears a merger, subject to remedies, in the market of automotive spare parts (Trost Auto Service Technik / Wessels & Müller)

316

MERGER OF WHOLESALERS OF AUTOMOTIVE SPARE PARTS CLEARED SUBJECT TO CONDITIONS PRECEDENT* After an in-depth examination the Bundeskartellamt has cleared the acquisition of Trost Auto Service Technik SE, Stuttgart, by Wessels & Müller SE, Osnabrück, subject to conditions. Both companies (...)

German Competition Authority The German Competition Authority sanctions five companies for their participation to a cartel in the manufacturing of acoustically effective components for the automotive industry (Autoneum Germany)

281

Bundeskartellamt imposes fines of 75 million euros on automotive part manufacturers* On account of price fixing agreements the Bundeskartellamt has imposed fines totalling 75 million euros on five manufacturers of acoustically effective components and staff responsible which supply the (...)

German Competition Authority The Düsseldorf Higher Regional Court upholds that remuneration system applied in the "Irsching contracts" between two electricity providers violates competition law (E.ON / TenneT)

224

Düsseldorf Higher Regional Court confirms that the remuneration system applied in the "Irsching contracts" is in violation of competition law* In its decision of 28. April 2015 (see Press Release of the Düsseldorf Higher Regional Court of 28 April 2015) the Düsseldorf Higher Regional Court (...)

German Competition Authority The German Competition Authority publishes a draft decision concerning the round timber proceedings against a Federal State (German State of Baden-Württemberg)

159

Bundeskartellamt issues a draft decision in the round timber proceedings against the Federal State of Baden-Württemberg* In the proceedings concerning the marketing of round timber by the Federal State of Baden-Württemberg, the Bundeskartellamt has today sent a draft decision to the state (...)

German Competition Authority The German Competition Authority sends a statement of objections to an online hotel booking company suspected of abuse of dominance (Booking.com)

355

Bundeskartellamt issues statement of objections regarding Booking.com’s ’best price’ clauses* Today the Bundeskartellamt has informed Booking.com Deutschland GmbH, Berlin, of its competition concerns regarding the continued use of ’best price’ clauses in its contracts with hotels in Germany. (...)

German Competition Authority The German Competition Authority clears a partial acquisition in the market of the production and repair armoured vehicles (Diehl Defence Land Systems / Krauss-Maffei Wegmann)

209

Bundeskartellamt clears partial acquisition of Diehl Defence Land Systems GmbH by Krauss-Maffei Wegmann* In the first phase of merger control the Bundeskartellamt has cleared the planned acquisition of a part of Diehl Defence Land Systems GmbH, Freisen, by Krauss-Maffei Wegmann GmbH & (...)

German Competition Authority The German Competition Authority prohibits the operator of factory outlet center to use radius clauses, equivalent to non-compete clauses, in its lease contracts if these extend beyond a 50 km air radius and a term of five years (VR Franconia)

607

Bundeskartellamt prohibits non-compete clauses imposed on tenants in factory outlet center* The Bundeskartellamt has prohibited the operator of Wertheim Village Factory Outlet Center, VR Franconia GmbH, from using so-called radius clauses in its lease contracts with brand product (...)

German Competition Authority The German State of Baden-Württemberg withdraws its remedies proposed to the German Competition Authority aiming at bringing the State’s timber marketing practices in line with competition law (German State of Baden-Württemberg)

134

Baden-Württemberg withdraws its commitments in round timber proceedings* Today the federal state of Baden-Württemberg withdrew the commitments it offered in the Bundeskartellamt proceedings initiated against it for its joint marketing of round timber. The commitments were aimed at bringing (...)

German Competition Authority The Dusseldorf Higher Regional Court upholds the Competition Authority’s decision prohibiting the application of the "best price clause" in the online hotel booking sector (HRS)

686

HRS’s ‘best price’ clauses violate German and European competition law - Düsseldorf Higher Regional Court confirms Bundeskartellamt’s prohibition decision* Today the Düsseldorf Higher Regional Court rejected HRS’s appeal against the Bundeskartellamt’s decision of 20 December 2013. In its (...)

German Competition Authority The German Competition Authority authorizes cooperation agreements between two telecommunication companies for developing fast broadband connections (Telekom Deutschland / Telefónica O2 Germany)

179

No objections to cooperation between Telekom and Telefónica for the supply of fast broadband services* The Bundeskartellamt has no objections to the cooperation between Telekom Deutschland GmbH, Bonn, and Telefónica O2 Germany GmbH & Co. OHG, Munich for the provision of fast broadband (...)

German Competition Authority The German Competition Authority clears a merger following an in-depth examination on the production of foreign identity documents market (Giesecke & Devrient / Bundesdruckerei)

181

Bundeskartellamt clears joint venture between Giesecke & Devrient and Bundesdruckerei for the production of foreign identity documents* Following an in-depth examination the Bundeskartellamt has cleared the establishment of a joint venture for the production of foreign identity documents (...)

German Competition Authority The German Competition Authority clears an acquisition of sole control in the gas markets and changes its practice of defining these markets (EWE / VNG)

220

Bundeskartellamt clears EWE’s acquisition of a majority interest in VNG* Today the Bundeskartellamt has cleared the acquisition of a further 15.79% of the shares in VNG AG, Leipzig, by EWE AG, Oldenburg. EWE AG acquired the shares from Wintershall Holding GmbH, Kassel. EWE AG will now hold a (...)

German Competition Authority The German Competition Authority following its cartel proceeding forces an association of pharmacists to forego an anticompetitive clause in the sale of blood glucose strips market (AVWL)

161

Bundeskartellamt strengthens competition in the sale of blood glucose strips in Westphalia-Lippe* The Bundeskartellamt has concluded its cartel proceeding against the pharmacists association in Westphalia-Lippe (Apothekerverband Westfalen-Lippe e.V. Apothekerverband Westfalen-Lippe e.V. (...)

German Competition Authority The German Competition Authority again imposes fines on several manufacturers of concrete paving stones for having entered price-fixing agreements (AHE Verbundsteine Betonwaren)

694

Press Release published on the official website of the German Competition Authority. Bundeskartellamt imposes further fines on manufacturers of concrete paving stones on account of price-fixing agreements* The Bundeskartellamt has concluded its investigations in the cartel proceedings (...)

German Competition Authority The German Competition Authority clears an acquisition on the market of management of waste after the abandonment by the buyer to acquire seven sites of management of waste (Remondis / Sita)

151

Bundeskartellamt clears acquisition by the Remondis group of four Sita waste management sites in Baden-Württemberg* The Bundeskartellamt has cleared the acquisition by Remondis of four waste management sites belonging to the Sita group at Radolfzell, Talheim, Trossingen and Pfullingen. The (...)

German Competition Authority The German Competition Authority clears a merger by applying the failing firm defence on the daily newspapers market (Westfälische Nachrichten / Münstersche Zeitung)

399

Regional daily Westfälische Nachrichten can take over Münstersche Zeitung* The Bundeskartellamt has cleared plans by the Münster-based publishing house Aschendorff Verlag (which publishes Westfälische Nachrichten) to acquire the regional daily Münstersche Zeitung. The daily is sold by the (...)

German Competition Authority The German Competition Authority imposes fines on five providers of underground mining services for having implemented a price-fixing agreements and bid-rigging (BeMo Tunnelling / Deilmann-Haniel)

244

Providers of specialist mining services fined for price fixing and bid-rigging * The Bundeskartellamt has imposed fines totalling 17.4 million euros on five providers of specialist underground mining services on account of price fixing agreements and bid-rigging. The companies are BeMo (...)

German Competition Authority The German Competition Authority imposes fines on a mattress manufacturer for having imposed resale price maintenance on retailers (Recticel Schlafkomfort GmbH)

354

First fine imposed for resale price maintenance in mattress case* The Bundeskartellamt has fined Recticel Schlafkomfort GmbH 8.2 million euros on account of imposing resale price maintenance on retailers selling its products. From July 2005 to December 2009 representatives of Recticel agreed (...)

German Competition Authority The German Competition Authority imposes fines of € 338 million on 21 sausage manufacturers as well as 33 individuals involved in concluding illegal price-fixing agreements (Bell Deutschland)

166

Bundeskartellamt imposes fines on sausage manufacturers* The Bundeskartellamt has imposed fines totalling approx. 338 million euros on 21 sausage manufacturers as well as 33 individuals involved for concluding illegal price-fixing agreements. The following companies participated in the (...)

German Competition Authority The German Competition Authority fines €1.89 million an anti-competitive customer allocation agreement concerning services provided for heating surfaces of regenerative heat exchangers used in power plants (Alstom Power Energy Recovery)

196

Bundeskartellamt imposes fine on account of customer allocation agreement concerning services provided for heat exchangers used in power plants* The Bundeskartellamt has imposed a fine of 1.89 million euros on Alstom Power Energy Recovery GmbH on account of an anti-competitive customer (...)

German Competition Authority The German Competition Authority decides that the wedding rebates constituted benefits without any objective justification resulting in abuse of dominance on the food retail market (EDEKA)

359

Bundeskartellamt takes decision of principle in food retail case - EDEKA’s demands on suppliers were abusive The Bundeskartellamt has issued a decision stating that the demands made by EDEKA Zentrale AG & Co.KG on suppliers after its takeover of the Plus stores in 2009 ("wedding (...)

German Competition Authority The German Competition Authority closes proceedings against a sports shoe company after it amends its conditions for online sales in such a way that they comply with competition law (Adidas)

384

Adidas abandons ban on sales via online market places* The Bundeskartellamt has closed its proceedings against adidas AG (adidas) after the company amended its conditions for online sales in such a way that they comply with competition law. Adidas operates a selective distribution system (...)

German Competition Authority The German Competition Authority concludes an agreement with the utility supplier concerning the extension of the measures to lower the water prices for three more years until 2018 (BWB)

132

Measures to lower water prices in Berlin extended for three more years until 2018* Berliner Wasserbetriebe (BWB) is to extend measures to lower its water prices as ordered by the Bundeskartellamt for three more years until 2018. This is the result of a settlement between the company and the (...)

German Competition Authority The German Competition Authority finds that a selective distribution system which allows for the sale of running shoes to final customers only via authorised dealers poses a number of serious restraints to competition (Asics)

434

Bundeskartellamt takes a critical view of restriction of online distribution by ASICS* After a preliminary examination the Bundeskartellamt has found that the selective distribution system of ASICS Deutschland, which allows for the sale of running shoes to final customers only via authorised (...)

German Competition Authority The International Competition Network approves recommended practices on competition assessment, a common leniency waiver template, the updates of the anti-cartel enforcement manual and the agency practice manual and several interactive training modules

214

Annual Conference of the International Competition Network in Morocco* The 13th Annual Conference of the International Competition Network (ICN) successfully concluded last Friday, April 25. Approximately 520 participants from 90 jurisdictions, including other representatives and (...)

German Competition Authority The German Competition Authority receives commitments to abandon an agreement on standard charges payable by retailers for the use of an electronic cash card payment system (Girocard)

215

Standard charges for retailers in electronic cash card payment system abandoned* The leading banking associations in Germany are to abandon their agreement on standard charges payable by retailers for use of the electronic cash card payment system. The associations have undertaken a (...)

German Competition Authority The German Competition Authority imposes further fines amounting to 231.2 million Euros in its proceedings concerning illegal price fixing agreements for beer (Carlsberg / Radeberger / Bolten / Erzquell / Früh / Gaffel)

216

Cartel proceedings against breweries concluded with imposition of further fines* The Bundeskartellamt has imposed further fines amounting to 231.2 million Euros in its proceedings concerning illegal price fixing agreements for beer. The fines were imposed on the companies Carlsberg (...)

German Competition Authority The German Competition Authority confirms that the new submitted proposal for commitments is sufficient to dispel the competition concerns on the reader and advertising markets for TV programme magazines (Funke Media Group / Axel Springer)

127

Funke media group offers new commitments* The Bundeskartellamt confirms that in the examination proceedings concerning the acquisition of HÖRZU, FUNK UHR, TV DIGITAL and TV NEU, the media group Funke-Mediengruppe (FMG) and Axel Springer SE have submitted a new commitment proposal. According (...)

German Competition Authority The German Competition Authority clears the acquisition of a business division active in the wholesale of sanitary, heating and air conditioning installations (Cordes & Graefe)

237

Bundeskartellamt clears acquisition of "bäderwelt" by Cordes & Graefe* The Bundeskartellamt has cleared the acquisition of "bäderwelt" of Praetner GmbH & Co. Handels KG by Cordes & Graefe KG. The business division "bäderwelt" in Freising is active in the wholesale of sanitary, (...)

German Competition Authority The German Competition Authority imposes fines on four wallpaper manufacturers, their representatives and trade association on account of price fixing agreements (Creation Tapeten)

156

Price agreements between wallpaper manufacturers Bundeskartellamt imposes fines of around 17 million Euros* On 25 February 2014 the Bundeskartellamt has imposed fines totalling around 17 million euros on four wallpaper manufacturers, their representatives and trade association on account of (...)

German Competition Authority The German Competition Authority clears acquisition of medical care centres and clinics pursuant to the exclusion from the transaction of hospitals operated on four regional medical care markets (Helios Kliniken / Rhön-Klinikum)

129

Bundeskartellamt clears acquisition by Helios Kliniken (Fresenius) of 40 clinics and 13 medical care centres operated by Rhön-Klinikum AG* The Bundeskartellamt has cleared plans by the Helios clinics, which belong to the Fresenius group, to acquire the control of a total of 40 clinics and 13 (...)

German Competition Authority The German Competition Authority imposes fines on five breweries as well as seven individuals personally involved on account of illegal price fixing agreements for beer (Bitburger)

215

First fines imposed in cartel proceedings against breweries* Bonn, 13 January 2014: The Bundeskartellamt has imposed fines totalling 106.5 million euros on the companies Bitburger Braugruppe GmbH (Bitburger), Krombacher Brauerei Bernhard Schadeberg GmbH & Co. KG (Krombacher), C. & A. (...)

German Competition Authority The German Competition Authority discontinues proceedings against an appliance manufacturer following the manufacturer’s decision to apply the same rebates for brick-and-mortar and online sales (Bosch Siemens Hausgeräte)

257

Household appliance manufacturer Bosch Siemens Hausgeräte GmbH abandons anti-competitive rebate system* Bonn, 23 December 2013: As of 2014, the manufacturer of household appliances Bosch Siemens Hausgeräte GmbH will discontinue its system of performance rebates introduced on 1 January 2013. (...)

German Competition Authority The German Competition Authority forbids a most favored nation clause to apply and orders its removal from the contracts between hotels and booking portals (HRS)

479

Online hotel portal HRS’s ’best price’ clause violates competition law – Proceedings also initiated against other hotel portals* Bonn, 20 December 2013: Today the Bundeskartellamt prohibited HRS from continuing to apply its ’best price’ clause (most favoured nation clause) and ordered the (...)

German Competition Authority The German Federal Network Agency and the German Competition Authority present their joint monitoring report on developments in the German electricity and gas markets in 2012

164

Monitoring Report 2013 of the Bundesnetzagentur and the Bundeskartellamt* Bonn, 19 December 2013: Today the Bundesnetzagentur (Federal Network Agency) and the Bundeskartellamt presented their joint Monitoring Report 2013 on developments in the German electricity and gas markets in 2012. (...)

German Competition Authority The German Federal Court of Justice issues a decision of principle on the award of concessions for electricity and gas networks (OLG Schleswig / LG Kiel)

209

Federal Court of Justice issues decision of principle on the award of concessions for electricity and gas networks* Bonn, 18 December 2013: The Bundeskartellamt welcomes the landmark decisions issued yesterday by the Federal Court of Justice on the award of rights of way for electricity and (...)

German Competition Authority The German Competition Authority issues new guidelines providing that mergers without significant effects on the domestic market should fall outside the scope of the notification obligation and substantive review procedure

102

Foreign-to-Foreign Mergers – More legal certainty for companies* The Bundeskartellamt has published a draft of its guidance document “Domestic Effects in Merger Control” for public consultation. Andreas Mundt, President of the Bundeskartellamt: “We aim to relieve concentrations that do not (...)

German Competition Authority The German Competition Authority clears the takeover of two regional dailies, several advertising newspapers and a number of women’s magazines (Springer / Funke)

118

Springer/Funke: Takeover of regional newspapers and women’s magazines cleared* Bonn, 03 December 2013: Today the Bundeskartellamt cleared the takeover of two regional dailies (Hamburger Abendblatt and Berliner Morgenpost), several advertising newspapers and the women’s magazines segment of (...)

German Competition Authority The German Competition Authority announces the operational start of a special unit dedicated to increasing transparency on fuel prices (Market Transparency Unit)

108

Regular operation of Market Transparency Unit for Fuels to start on 1 December 2013* Bonn, 29 November 2013: The regular operation of the Market Transparency Unit for Fuels will start on 1 December 2013. This marks the successful end of the three-month trial period: there is a constant data (...)

German Competition Authority The German Competition Authority closes its proceedings against an online book trader for enforcing price parity clauses on its marketplace platform (Amazon)

326

Amazon abandons price parity clauses for good* 26 November 2013: The Bundeskartellamt has today terminated its proceedings against Amazon for enforcing price parity clauses on its Marketplace platform after the company had met the requirements set by the authority. Andreas Mundt, President (...)

German Competition Authority The German Competition Authority initiates proceedings against a manufacturer of gardening tools for staggered trade discounts awarded on an allegedly discriminatory basis (Gardena)

305

Bundeskartellamt gets GARDENA to amend its dealer discount system* Bonn, 28 October 2013: The garden product manufacturer GARDENA has promised the Bundeskartellamt that in future it will apply the same discounts for its brick-and-mortar and online retailers. In awarding retailer discounts (...)

German Competition Authority The German Competition Authority ceases the investigation concerning alleged abuse of dominance in the market for alternative postal services (Compador Technologies / DPAG)

281

Bundeskartellamt abandons abuse of dominance proceedings against Compador Technologies GmbH* Bonn, 23 October 2013: The Bundeskartellamt has abandoned its abuse of dominance proceedings against Compador Technologies GmbH, an affiliated company of Deutsche Post AG (DPAG). The proceedings were (...)

German Competition Authority The German Competition Authority concludes cartel proceedings against manufacturers of household porcelain by imposing fines (Porzellanfabrik Christian Seltmann / KAHLA-Thüringen Porzellan)

140

Bundeskartellamt concludes cartel proceedings against manufacturers of household porcelain* Bonn, 17 October 2013: The Bundeskartellamt has today imposed fines totaling just under 900,000 euros on the companies Porzellanfabrik Christian Seltmann GmbH and KAHLA/Thüringen Porzellan GmbH, the (...)

German Competition Authority The German Competition Authority receives information about the decision of the TV-broadcasting groups not to pursue their plans to build an online video platform (Germany’s Gold)

108

Plans for ARD/ZDF online platform "Germany’s Gold" abandoned* Bonn, 16 September 2013: "Germany’s Gold", the online platform that the ARD and ZDF broadcasting groups were planning to set up via commercial subsidiaries together with eleven other production and licensing companies, will not (...)

German Competition Authority The German Competition Authority prohibits a previously approved acquisition in the healthcare sector as the acquirer no longer intends to comply with conditions for clearance (Asklepios / Rhön)

200

Participation of Asklepios Group in rival Rhön-Klinikum retroactively prohibited - Asklepios no longer intends to comply with condition for clearance (sale of Goslar clinics)* Bonn, 30 July 2013: In spring this year the Bundeskartellamt approved plans by Asklepios Kliniken (...)

German Competition Authority The German Competition Authority issues a statement of objections against a dominant retailer for abusive practices against economically dependent suppliers on the market for sales of sparkling wine (EDEKA)

323

Statement of objections issued against EDEKA for use of "wedding rebates" after Plus takeover - Bundeskartellamt considers demands on suppliers as abusive* Bonn, 26 July 2013: According to the Bundeskartellamt’s preliminary assessment, EDEKA Zentrale AG & Co.KG, Hamburg, has violated the (...)

German Competition Authority The German Competition Authority imposes fines for agreements to the detriment of local public transport companies, private, regional and industrial railways and construction companies (ThyssenKrupp / Gleistechnik /voestalpine / Butzbach /Schreck-Mieves)

167

Bundeskartellamt punishes more agreements between rail manufacturers* Fines totalling almost 100 million euros imposed for agreements to the detriment of local public transport companies, private, regional and industrial railways and construction companies On 23 July 2013 the (...)

German Competition Authority The German Competition Authority concludes a cartel administrative proceeding against an ophthalmologists cooperative and a health insurance fund (Augenärztegenossenschaft Brandenburg / AOK Nordost)

281

Bundeskartellamt opens up competition among ophthalmologists from different federal states in Germany* The Bundeskartellamt has concluded a cartel administrative proceeding against the Brandenburg ophthalmologists cooperative "Augenärztegenossenschaft Brandenburg" and the health insurance (...)

German Competition Authority The German Competition Authority takes a critical view on the agreement in the national banking sector as regards the existing electronic cash card payment system (ELV)

158

Electronic cash card payment system of German banking sector raises competition concerns* The Bundeskartellamt takes a critical view of the agreement of the German banking sector on the existing electronic cash card payment system. Today the authority communicated its (preliminary) concerns (...)

German Competition Authority The German Competition Authority works currently on the implementation of the fuel price reporting requirement which is enabling consumers to gain information on current fuel prices at petrol stations (MTS Kraftstoffe)

136

Transparency Unit for Fuels - Registration of companies obliged to report prices* The Bundeskartellamt’s Market Transparency Unit is currently working on the implementation of the fuel price reporting requirement which is to enable consumers to gain information on current fuel prices at (...)

German Competition Authority The German Federal Court of Justice rules on the interpretation of the penalty provision applicable under German cartel law (Holcim / HeidelbergCement / Lafarge Zement / Schwenk Zement)

155

Calculation of fines to be adapted to Federal Court case-law* The recent decision of the Federal Court of Justice (Bundesgerichtshof, BGH) in the cement cartel case (file no. KRB 20/12) has a strong impact on the interpretation of the penalty provision applicable under German cartel law (cf. (...)

German Competition Authority The Düsseldorf Higher Regional Court imposes fines on five members of the liquefied gas cartel or their successor companies (Drachen-Propangas / Propan Rheingas / Westfalen)

179

Düsseldorf Higher Regional Court increases fines against liquefied gas cartel* Yesterday the Düsseldorf Higher Regional Court imposed fines of 244 million euros on five members of the liquefied gas cartel or their successor companies (ref. VI-4 Kart 2-6/10 OWi). The companies involved are (...)

German Competition Authority The German Competition Authority invites representatives from competition authorities and public prosecutors from across the country to Bonn to exchange their experiences on the prosecution of illegal agreements relating to public and private tenders (Netzwerk Submissionsabsprachen)

118

Cartel prosecutors and public prosecutors exchange experiences in Bonn Increased prosecution of bid-rigging agreements* On 10 April 2013 the Bundeskartellamt invited representatives from competition authorities and public prosecutors from across the country to Bonn to exchange their (...)

German Competition Authority The German Competition Authority concludes a series of proceedings against consumer goods manufacturers on account of illegal exchange of competition-relevant information (Nestlé)

197

Bundeskartellamt concludes proceedings against consumer goods manufacturers on account of illegal exchange of information and imposes multi-million fine on Nestlé* Today the Bundeskartellamt has concluded a series of proceedings against consumer goods manufacturers on account of illegal (...)

German Competition Authority The German Competition Authority institutes proceedings against seven district heating suppliers on suspicion of their charging abusively excessive prices (Dalkia)

182

Bundeskartellamt examines excessive district heating prices* The Bundeskartellamt has instituted proceedings against seven district heating suppliers on suspicion of their charging abusively excessive prices. The investigations will focus on around 30 different supply areas throughout nearly (...)

German Competition Authority The German Competition Authority clears acquisition of a publishing business of the daily newspaper from an insolvent publishing house (Frankfurter Allgemeine Zeitung / Frankfurter Rundschau)

209

Bundeskartellamt clears acquisition of Frankfurter Rundschau by FAZ* Today the Bundeskartellamt has cleared plans by Frankfurter Allgemeine Zeitung GmbH or rather Frankfurter Societät GmbH, to acquire the publishing business of the daily newspaper Frankfurter Rundschau from the insolvent (...)

German Competition Authority The German Competition Authority launches a web survey targeting 2,400 sellers who offer their products on major internet platform (Amazon Marketplace)

245

Bundeskartellamt surveys Amazon Marketplace sellers* Today the Bundeskartellamt launched a web survey of 2,400 sellers who offer their products through Amazon Marketplace. Within the framework of administrative proceedings under competition law the Bundeskartellamt is examining the effects (...)

German Competition Authority The German Competition Authority concludes proceedings against flour mills and imposes fines totaling more than 65 million euros (Verband Deutscher Mühlen)

157

Bundeskartellamt concludes proceedings against flour mills and imposes fines totaling more than 65 million euros* The Bundeskartellamt has concluded its cartel proceedings against companies in the milling industry and imposed fines of approx. 41 million euros on 22 companies, the association (...)

German Competition Authority The German Competition Authority imposes fines of more than € 60 million on confectionery manufacturers for price fixing agreements (Chocolate Cartel)

207

Bundeskartellamt imposes fines of more than € 60 million on confectionery manufacturers* The Bundeskartellamt has concluded its fine proceedings against several manufacturers of branded confectionery. On account of several cartel infringements, fines of approx. € 60 million have been imposed (...)

German Competition Authority The German Federal Constitutional Court decides that the statutory imposition of interest on cartel fines is consistent with the national constitutional law

179

Bundeskartellamt welcomes decision of Federal Constitutional Court on interest charged on cartel fines* In its ruling of 19 December, 2012, which was made public today, the First Senate of the Federal Constitutional Court decided that the statutory imposition of interest on cartel fines is (...)

German Competition Authority The German Competition Authority imposes a fine of 90.000 € for an incomplete notification regarding the acquisition of a slaughtering company (Clemens Tönnies)

150

Clemens Tönnies fined for incomplete notification of a merger* The Bundeskartellamt has imposed a fine of 90,000 euros on Mr Clemens Tönnies (senior) for the incomplete notification of the acquisition of the slaughtering company Tummel, Schöppingen, by his company group. The notification did (...)

German Competition Authority The German Competition Authority clears acquisition on the market for blood transfusion technology and manufacture of equipments used in blood collection, filtration and processing (Fresenius Kabi / Fenwal)

167

Bundeskartellamt clears acquisition of Fenwal by Fresenius* Bonn, 12 December 2012: The Bundeskartellamt has cleared the planned acquisition of Fenwal Holdings Inc by Fresenius Kabi AG. Both companies are active in blood transfusion technology and manufacture products used in blood (...)

German Competition Authority The German Competition Authority intends to prohibit an electricity network operator from charging electricity suppliers excessive metering and billing prices in the small customers’ sector (RWE Net)

121

Bundeskartellamt issues warning letter regarding excessive electricity metering and billing prices* The Bundeskartellamt intends to prohibit the electricity network operator RWE Net AG, Dortmund, from charging electricity suppliers excessive metering and billing prices in the small customers (...)

German Competition Authority The German Competition Authority rejects application for a review in the award proceedings for the introduction and operation of a distance-related toll on lorries on national motorway (AGES Maut System)

82

Bundeskartellamt rejects application for review in the “lorry toll” award proceedings* The Bundeskartellamt has rejected the application by AGES Maut System GmbH & Co. KG, Düsseldorf (AGES), for a review in the award proceedings for the introduction and operation of a distance-related (...)

German Competition Authority The German Competition Authority examines in formal proceedings whether a contract system for acquiring waste services is compatible with competition law (Der Grüne Punkt Duales System)

297

Bundeskartellamt examines whether DSD is compatible with competition law* The Bundeskartellamt will examine in formal proceedings whether the contract system of “Der Grüne Punkt – Duales System Deutschland AG” (DSD, “The Green Dot”) is compatible with the Act Against Restraints of (...)

German Competition Authority The German Competition Authority discontinues abuse proceedings against members of a company group in the energy sector after receiving commitment to amend the tender system (Vattenfall Europe Transmission)

178

Abuse proceedings against Bewag, HEW and Veag concerning balancing energy discontinued* The Bundeskartellamt has discontinued its abuse proceedings against Bewag AG, Berlin (Bewag), Hamburgische Electricitäts-Werke AG, Hamburg, (HEW) and Veag AG, Berlin, all belonging to the Vattenfall (...)

German Competition Authority The German Competition Authority imposes fines on furniture manufacturer and a high-ranking staff member for abusively influencing the pricing policy of specialist outlets for baby products (PAIDI Möbel)

126

€110,000 fine imposed on nursery furniture manufacturer PAIDI* The Bundeskartellamt has imposed fines totalling €110,000 on PAIDI Möbel GmbH, Hafenlohr and a high-ranking member of staff for abusively influencing the pricing policy of specialist outlets for baby products. Between 1999 and (...)

German Competition Authority The German Competition Authority rejects application to allow an award of public contract for setting up and operating a distance-related toll levied on lorries on German motorways before the conclusion of the review proceedings (Die Bietergemeinschaft ETC.de)

123

Bundeskartellamt rejects application for premature allowance to award contract in lorry toll proceedings* The Bundeskartellamt has rejected the application of the Federal Ministry of Transport (contracting entity) to be allowed to award the contract for setting up and operating a (...)

German Competition Authority The German Competition Authority conducts an inquiry on the suspicion that removal firms concluded price-fixing and market allocation agreements regarding contracts for shipping household effects (US armed forces)

76

Search conducted in removal firms in close coordination with US cartel authorities* Parallel to investigatory measures by the US competition authorities, the Bundeskartellamt conducted a search operation on 31 July 2002 on the suspicion that removal firms have for several years concluded and (...)

German Competition Authority The German Competition Authority informs that there are no competition concerns regarding cooperation between housing companies and a telecom company (KDG / Deutsche Telekom)

121

No concerns regarding close cooperation in the broadband cable sector* The Bundeskartellamt has no concerns regarding a close cooperation between Kabel Deutschland GmbH (KDG, a subsidiary of Deutsche Telekom AG in charge of the broadband cable business) and housing companies. According to (...)

German Competition Authority The German Competition Authority initiates proceedings against a regional electricity supplier on suspicion of excessive metering and billing prices charged to load profiled customers (Wemag / RWE)

129

Bundeskartellamt puts electricity metering prices to the test - test cases against Wemag and RWE Net* The Bundeskartellamt has initiated proceedings against the regional electricity supplier Wemag AG, Schwerin (Vattenfall group) and RWE Net AG, Dortmund, on suspicion of excessive metering (...)

German Competition Authority The German Competition Authority serves written charges on seven companies and high-ranking persons in the paper wholesale sector on suspicion of their involvement in illegal price agreements

104

Leniency Programme helps for the first time to counter price cartels in paper wholesale sector* The Bundeskartellamt has served written charges on seven companies and high-ranking persons in the paper wholesale sector on suspicion of their involvement in illegal price agreements. Those (...)

German Competition Authority The German Competition Authority clears a merger in the financial sector under the condition that there are no concerns regarding a potential violation of cartel law (Eurohypo)

107

Foundation of Eurohypo AG under further examination after clearance* The Bundeskartellamt has concluded its examination under merger control of the foundation of Eurohypo AG, Frankfurt, by a merger of the three mortgage banking subsidiaries of the commercial banks Deutsche Bank AG, (...)

German Competition Authority The German Competition Authority imposes fines on seven companies in the ready-mixed concrete sector based in Lower Bavaria for agreeing to buy the entire production of a competitor at a guaranteed price

69

Further fine imposed on companies in the ready-mixed concrete sector* The Bundeskartellamt has imposed fines totalling approx. 1.8 million EURO on seven companies in the ready-mixed concrete sector based in Lower Bavaria for concluding anti-competitive agreements. The companies involved (...)

German Competition Authority The German Competition Authority initiates a formal investigation against a member of a Swedish group on suspicion of abuse of dominant position on the market for the supply of electricity (Bewag)

238

Abuse proceedings initiated against electricity* The Bundeskartellamt has initiated a formal investigation against Bewag AG, Berlin (Bewag), belonging to the Swedish Vattenfall group, on suspicion of the company abusing its dominant position as an electricity network operator. Bewag is (...)

German Competition Authority A German Higher Regional Court confirms that the defendant is obliged to surrender at the request of the competition authorities documents relating to the calculation of fees for network use (Energie Sachsen Brandenburg)

158

Higher Regional Court confirms right of competition authorities to apply cost control in abuse proceedings in electricity sector* In a preliminary decision the Düsseldorf Higher Regional Court (OLG) has confirmed that the RWE regional energy supplier envia Energie Sachsen Brandenburg AG (...)

German Competition Authority The German Higher Regional Court of Düsseldorf upholds prohibition imposed by the Competition Authority on an airline company for the unfair pricing strategy it adopted against a competitor (Deutsche Lufthansa)

159

Higher Regional Court Düsseldorf provisionally confirms the prohibition of Lufthansa’s abusive pricing strategy* In a provisional decision the Higher Regional Court Düsseldorf has largely confirmed the Bundeskartellamt’s decision prohibiting Deutsche Lufthansa AG from unfairly hindering its (...)

German Competition Authority The German Competition Authority discontinues its abuse proceedings on suspicion of excessive pricing against electricity supplier after receiving commitments (Elektrizitätswerk Wesertal)

145

Abuse proceedings against Elektrizitätswerk Wesertal (Fortum) discontinued* The Bundeskartellamt has discontinued its abuse proceedings against Elektrizitätswerk Wesertal GmbH, Hameln (a fully-owned subsidiary of Fortum Energie GmbH), which had been initiated on suspicion of its charging (...)

German Competition Authority The German Competition Authority prohibits the acquisition of a majority stake in the energy sector as it would give a party indirect control over its competitor and strengthen dominant positions in the gas and electricity markets (E.ON Düsseldorf / Bergemann Essen)

152

Bundeskartellamt prohibits E.ON’s acquisition of majority stake in Ruhrgas* The Bundeskartellamt has prohibited E.ON AG, Düsseldorf, (E.ON) from acquiring Bergemann GmbH, Essen (Bergemann) which would give it indirect control of Ruhrgas AG, Essen (Ruhrgas). The President of the (...)

German Competition Authority The German Competition Authority discontinues proceedings on suspicion of abuse of dominance in the electricity sector after receiving commitments for a new tender system for the procurement of balancing energy (EnBW Transportnetze)

173

Abuse proceedings against EnBW in the balancing energy sector discontinued* The Bundeskartellamt has discontinued the abuse proceedings instituted at the end of October 2001 against EnBW Transportnetze AG (EnBW) on suspicion of charging their competitors inappropriate fees for balancing (...)

German Competition Authority The German Competition Authority prohibits a domestic airline company to adopt a low pricing strategy designed to squeeze a new competitor out of the market (Deutsche Lufthansa)

161

Bundeskartellamt prohibits Lufthansa from hindering its rival Germania* The Bundeskartellamt sees the pricing strategy of Deutsche Lufthansa AG (DLH) as an attempt to squeeze its new competitor, Germania Fluggesellschaft mbH, Berlin (Germania) out of the market and fears that emerging (...)

German Competition Authority The German Competition Authority finds that planned acquisition was prone to strengthen dominant positions in the supply market for broadcasting signals to final customers (TeleColumbus / Liberty Media)

103

Bundeskartellamt issues warning regarding the planned Liberty Media/TeleColumbus GmbH merger* According to the preliminary assessment of the Bundeskartellamt, the planned acquisition by Liberty Media of subsidiaries of TeleColumbus GmbH would, so far as these are active in the territory of (...)

German Competition Authority The German Competition Authority clears a planned acquisition of electricity plants after imposing a reduction of the shares to be acquired (RWE / GEW)

131

Bundeskartellamt forces RWE’s acquisition of share in GEW Rhineland below merger threshold* The Bundeskartellamt has cleared the planned acquisition of the electricity plants of RWE AG, Essen (RWE) located on the right bank of the Rhine by GEW AG, Cologne (GEW). RWE’s plan to acquire a share (...)

German Competition Authority The German Competition Authority considers that a proposed merger between two cable television companies would impinge on the competition of several markets (Liberty Media / KDG)

160

Bundeskartellamt issues warning regarding the Liberty Media/KDG merger project* According to the preliminary assessment of the Bundeskartellamt, the planned merger of Liberty Media/KDG (acquisition of broadband cable networks of Deutsche Telekom AG inter alia) would strengthen dominant (...)

German Competition Authority The German Competition Authority institutes abuse proceedings against 10 electricity network operators on account of their charging excessively high fees for network use (Allgäuer Überlandwerke)

180

The Bundeskartellamt has instituted abuse proceedings against electricity network operators* The Bundeskartellamt has instituted abuse proceedings against 10 electricity network operators on account of their charging excessively high fees for network use. The companies involved include the (...)

German Competition Authority The German Competition Authority considers that the airline pricing strategy on the Frankfurt-Berlin route unfairly hindered a competitor to enter the market (Deutsche Lufthansa)

95

Bundeskartellamt warns Deutsche Lufthansa AG over its pricing strategy on the Frankfurt-Berlin route* According to a preliminary assessment the Bundeskartellamt considers Deutsche Lufthansa AG’s (DLH) pricing strategy on the Frankfurt-Berlin route as unfairly hindering its competitor (...)

German Competition Authority The German Competition Authority lodges an appeal on points of law at the Federal Supreme Court against the decision of the Higher Regional Court of Düsseldorf in proceedings on abuse of dominance in the retail sector (WalMart)

137

Bundeskartellamt files appeal on points of law in the WalMart case (sales below cost price)* The Bundeskartellamt has lodged an appeal on points of law at the Federal Supreme Court against the decision of the Higher Regional Court Düsseldorf in the WalMart abuse proceedings. On 1 September (...)

German Competition Authority The German Competition Authority prohibits acquisition of a majority stake in an energy company by a direct competitor as it would strengthen dominant positions in the gas and electricity sales markets (E.ON / Gelsenberg)

195

Bundeskartellamt prohibits E.ON/Gelsenberg (Ruhrgas) merger* The Bundeskartellamt has prohibited the acquisition by E.ON AG, Düsseldorf, (E.ON) of a majority stake in Gelsenberg AG, Essen. The merger would have strengthened dominant positions both in the gas and electricity sales markets. (...)

German Competition Authority The German Competition Authority refers to the Commission a notification concerning an acquisition on the market for manufacturing of weaving machines (Promatech / Sulzer)

87

Bundeskartellamt refers Promatech/Sulzer merger to competition authority in Brussels* In close cooperation with the competition authorities in the United Kingdom, Italy and Spain the Bundeskartellamt has for the first time applied to have a planned merger notified at national level (...)

German Competition Authority The German Competition Authority initiates proceedings against 22 electricity network operators on suspicion of excessive pricing for network use and impeding other electricity providers to enter the market

176

Investigation of 22 network operators on account of excessive fees for network use* The Bundeskartellamt has initiated investigatory proceedings against 22 electricity network operators on suspicion of their charging abusively excessive fees for network use and of impeding other electricity (...)

German Competition Authority The German Competition Authority prohibits a planned merger that would have led to firms involved gaining dominant positions on certain markets in the wholesale pharmaceutical sector (Sanacorp / Andreae-Noris Zahn)

216

Bundeskartellamt prohibits Sanacorp/Andreae-Noris Zahn concentration* The Bundeskartellamt has prohibited the concentration plans of Sanacorp e.G. Pharmazeutische Grosshandlung, Planegg, (turnover in Germany approximately DM 3.89 billion) to acquire a majority holding in Andreae-Noris Zahn (...)

German Competition Authority The German Competition Authority informs two airlines of its intention to prohibit their merger project that would lead to a strengthening of a dominant position on the domestic flight market (Lufthansa / Eurowings)

98

Bundeskartellamt criticises Lufthansa-Eurowings merger* Examinations undertaken so far show that Lufthansa’s acquisition of shares in Eurowings would lead to a strengthening of its dominant position on the domestic flight market in Germany. The possible positive effects on competition in the (...)

German Competition Authority The German Competition Authority receives a withdrawal of the notification of intention to acquire a majority holding in a major competitor on the market for waste services (Rethmann / Interseroh)

109

Rethmann-Interseroh merger stopped* Rethmann AG & Co., Selm, has withdrawn the notification of its intention to acquire a majority holding in Interseroh AG, Cologne. In addition, it will reduce its current shareholding in Interseroh AG to a maximum of 15 per cent. Last year, the (...)

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