German Competition Authority

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 car manufacturers fined for anticompetitive practices in the purchase of steel* The Bundeskartellamt has imposed fines totalling around 100 million euros on Bayerische Motoren Werke AG, Daimler AG and Volkswagen AG for anticompetitive practices in the purchase of long steel products. (...)

Processed meat and sausage producers Kemper and Reinert can merge* The Bundeskartellamt has today cleared the merger between the Reinert Group (H. & E. Reinert Holding GmbH & Co. KG) and the Kemper Group (H. Kemper GmbH & Co. KG /P.F.C. Pro Food Company GmbH & Co. KG). The (...)

Algorithms are among the most important technological drivers of the ongoing digitalization process. They are becoming more and more important, enabling firms to be more innovative and efficient. However, debate has arisen on whether and to what extent algorithms might also have detrimental (...)

Rewe can acquire Lekkerland – Bundeskartellamt clears merger* Today the Bundeskartellamt has cleared the acquisition by the Rewe Group of Lekkerland AG & Co. KG. Andreas Mundt, President of the Bundeskartellamt: “Together Rewe and Lekkerland only achieve an unproblematic market share of (...)

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 wholesale (...)

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, (...)

Bundeskartellamt prevents major purchasing cooperation in the furniture sector* The Bundeskartellamt has discontinued its administrative proceeding on account of the planned merger of the purchasing cooperations VME Union GmbH and KHG GmbH & Co. KG (Krieger/Höffner group) after the (...)

Common Understanding on competition in the digital economy* The competition authorities of the G7 countries (Canada, France, Germany, Italy, Japan, United Kingdom, USA), together with the European Commission, have today presented the Common Understanding they have reached on the issues raised (...)

Bundeskartellamt obtains far-reaching improvements in the terms of business for sellers on Amazon’s online marketplaces* In response to the competition concerns expressed by the Bundeskartellamt, Amazon is amending its terms of business for sellers on Amazon’s online marketplaces. Andreas (...)

Bundeskartellamt prohibits Remondis/DSD merger* Bonn, 11 July 2019: The Bundeskartellamt has today prohibited the proposed acquisition by REMONDIS SE & Co. KG of all the shares in the dual system DSD - Duales System Holding GmbH & Co. KG. Andreas Mundt, President of the (...)

Bundeskartellamt clears merger between the paper wholesalers Papyrus Deutschland and Papier Union* The Bundeskartellamt has cleared the acquisition of Papyrus Deutschland by Papier Union’s mother company, Inapa Group, in second phase proceedings. The wholesalers in paper, Papier Union and (...)

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 as (...)

Merger between Thalia and Mayersche Buchhandlung cleared* The Bundeskartellamt has today cleared the merger between the two bookstore chains Thalia and Mayersche Buchhandlung. Thalia and Mayersche are both large bookstore chains which altogether operate 288 bookstores in Germany. Andreas (...)

Bundeskartellamt prohibits acquisition of MBO group by Heidelberger Druckmaschinen AG* Bonn, 7 May 2019: The Bundeskartellamt has today prohibited the proposed acquisition of all the shares in HB Vermögensverwaltungsgesellschaft mbH & Co. KG by Heidelberger Druckmaschinen AG. HB (...)

Sector inquiry on comparison websites - Bundeskartellamt wants to terminate infringements of consumer rights and demands new competences* Today the Bundeskartellamt has published the final report on its inquiry into comparison websites. Andreas Mundt, President of the Bundeskartellamt: (...)

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 (...)

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 customer (...)

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 conditions (...)

Fine imposed on bicycle wholesaler ZEG for vertical price-fixing* The Bundeskartellamt has imposed fines totalling around 13.4 million euros on the bicycle wholesaler ZEG Zweirad-Einkaufs-Genossenschaft eG (ZEG), Cologne, and its representatives for fixing prices with 47 bicycle retailers. The (...)

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 (...)

Bundeskartellamt prohibits merger between Miba and Zollern in bearing production sector* The Bundeskartellamt has prohibited the launch of a joint venture between Miba AG, Laakirchen (Austria), and Zollern GmbH & Co. KG, Sigmaringen. The companies had planned to pool their hydrodynamic (...)

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 (...)

Bundeskartellamt initiates abuse proceeding against Amazon* The Bundeskartellamt has today initiated an abuse proceeding against Amazon to examine its terms of business and practices towards sellers on its German marketplace amazon.de. Andreas Mundt, President of the Bundeskartellamt: “Amazon (...)

DuMont media group fined for concluding territorial agreements with the Bonner General-Anzeiger media group* The Bundeskartellamt has imposed fines amounting to a total of 16 million euros on DuMont Mediengruppe GmbH & Co. KG, an individual responsible and a lawyer. The company is accused (...)

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 (...)

The French Autorité de la concurrence and the German Bundeskartellamt launch a joint project on algorithms and their implications on competition* Coming along with digitalization, algorithms are becoming more and more important and at the same time progressively sophisticated. Prominent (...)

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 (...)

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 new (...)

Bundeskartellamt imposes fines totalling 13.2 million euros on potato and onion packaging companies* The Bundeskartellamt has imposed fines totalling 13.2 million euros on two potato and onion packaging companies for fixing prices in their supplies to the Metro group. The companies concerned (...)

Cartel proceeding against metal packaging manufacturers: Bundeskartellamt refers case to the European Commission* As part of the cooperation within the network of European Competition Authorities (ECN), the Bundeskartellamt has referred its ongoing cartel proceeding concerning metal packaging (...)

Rail wagon leasing companies may merge subject to condition precedent* The Bundeskartellamt has cleared the acquisition of CIT Rail Holdings (Europe) S.A.S. by VTG Rail Assets GmbH subject to a condition precedent. The companies may only implement the merger once they have sold a substantial (...)

Klöckner allowed to launch digital platform for steel products* The Bundeskartellamt has no objections to plans by Klöckner & Co SE, Duisburg to set up the business to business online trading platform "XOM Metals" for the sale of steel products. After talks with the Bundeskartellamt, (...)

Vertical price fixing - Düsseldorf Higher Regional Court raises fine against drugstore chain Rossmann* Yesterday the Düsseldorf Higher Regional Court imposed a fine of 30 million euros against Dirk Rossmann GmbH (’Rossmann’). With its decision the Court has significantly raised the fine imposed by (...)

RWZ and Landgard withdraw planned merger in horticultural supply sector after concerns expressed by the Bundeskartellamt* Raiffeisen Waren-Zentrale Rhein-Main eG ("RWZ") and Landgard Blumen & Pflanzen GmbH & Co. KG ("Landgard") have abandoned their plans to set up a joint venture under (...)

Bundeskartellamt launches sector inquiry into market conditions in online advertising sector* The Bundeskartellamt has launched a sector inquiry into the online advertising sector. Andreas Mundt, President of the Bundeskartellamt: "Online advertising has experienced an extraordinarily high (...)

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 (...)

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 (...)

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 conducting (...)

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, (...)

Bundeskartellamt launches sector inquiry into smart TVs* Since June this year, the Bundeskartellamt has the capacity to conduct sector inquiries in order to detect consumer law infringements. Using this competence the authority now aims to shed some light on how producers of so-called “smart (...)

ASICS dealers allowed to use price comparison engines - Federal Court of Justice confirms Bundeskartellamt’s decision* In its decision of 12 December, 2017, published on 19 January, 2018, the Federal Court of Justice decided that ASICS may not forbid its dealers from using price comparison (...)

Bundeskartellamt clears merger between Airbus and Bombardier* The Bundeskartellamt has cleared the acquisition of C Series Aircraft Limited Partnership, Canada ("CSALP"), a subsidiary of Bombardier Inc. Montreal, Canada, by Airbus SE, Leiden, Netherlands. Andreas Mundt, President of the (...)

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. (...)

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 (...)

Bundeskartellamt prohibits merger between CTS Eventim and Four Artists* The Bundeskartellamt has prohibited the planned acquisition by CTS Eventim AG & Co. KGaA of the majority of shares in the companies belonging to Konzert- und Veranstaltungsagentur Four Artists - Four Artists Booking (...)

Bundeskartellamt launches sector inquiry into comparison websites* The Bundeskartellamt has launched a sector inquiry into "online price comparison websites". Andreas Mundt, President of the Bundeskartellamt: "Every day millions of consumers gather information by using price comparison (...)

Bundeskartellamt imposes fines on automotive part manufacturers* The Bundeskartellamt has imposed fines amounting to 9.6 million euros on three manufacturers of heat shields and their representatives. The companies involved are Elring Klinger Abschirmtechnik (Schweiz) AG, Sevelen (...)

Bundeskartellamt publishes report on its inquiry into the cement and ready-mix concrete sector* Today the Bundeskartellamt has published the final report on its inquiry into the cement and ready-mix concrete sector. Andreas Mundt, President of the Bundeskartellamt: "The cement and ready-mix (...)

Bundeskartellamt imposes fines on automotive part manufacturers* The Bundeskartellamt has imposed fines amounting to 9.6 million euros on three manufacturers of heat shields and their representatives. The companies involved are Elring Klinger Abschirmtechnik (Schweiz) AG, Sevelen (...)

Bundeskartellamt publishes guidance note on the prohibition of vertical price fixing in the food retail sector* Today the Bundeskartellamt has published a guidance note on the prohibition of vertical price fixing in the brick-and-mortar food retail sector. The aim of the guidance note is to (...)

Bundeskartellamt imposes fines totalling approx. 28 million euros on manufacturers of industrial batteries* The Bundeskartellamt has imposed fines totalling around 28 million euros on two manufacturers of industrial batteries and their representatives for agreeing between them to levy the (...)

Bundeskartellamt publishes guidance document on merger remedies* he Bundeskartellamt has today published a guidance document on the requirements placed on remedies in merger control and their implementation. Remedies have proven to be an important instrument in merger control practice. They (...)

Bundeskartellamt clears EDEKA/Budnikowsky cooperation* The Bundeskartellamt has cleared the launch of a joint venture between EDEKA and Budnikowsky. Andreas Mundt, President of Bundeskartellamt: "When we assess mergers in the retail sector we always have to examine the competitive conditions (...)

Sector Inquiry into Submetering of Heating and Water Costs* The Bundeskartellamt recommends measures to stimulate competition in the provision of submetering services. The authority has today presented its final report on its sector inquiry into submetering. Submetering services cover the (...)

Düsseldorf Higher Regional Court confirms Bundeskartellamt’s decision on prohibition of use of price comparison engines* Yesterday the Düsseldorf Higher Regional Court confirmed the Bundeskartellamt’s decision of principle against the running shoes manufacturer Asics. According to the decision the (...)

BUNDESKARTELLAMT CLEARS MERGER BETWEEN SANITARY WHOLESALERS* The Bundeskartellamt has cleared the acquisition of the business operations of Wilhelm Gienger GmbH, Stuttgart, by Cordes & Graefe KG, Bremen, after the companies changed their original plans in response to concerns expressed by (...)

Interim report on conditions for the supply of raw milk* The Bundeskartellamt has today published an interim report on its administrative proceeding concerning conditions of supply for raw milk. In the report the authority presents key results of its investigations so far and offers initial (...)

Proceedings against district heating suppliers concluded* The Bundeskartellamt has concluded its proceedings on abusive pricing against district heating suppliers. In a number of supply areas the suppliers have offered commitments in response to the authority’s concerns about abusively (...)

LUFTHANSA MAY LEASE AIRCRAFT FROM AIR BERLIN * Today the Bundeskartellamt has cleared the wet-lease agreement on 38 passenger aircraft between Lufthansa and Air Berlin. The agreement was proactively notified by the parties according to German merger control rules. With the wet-lease agreement (...)

Publication of guidance note on the prohibition of vertical price fixing in the food retail sector - public consultation* oday the Bundeskartellamt published a draft guidance note on vertical price fixing in the brick-and-mortar food retail sector. Interested parties are invited to submit (...)

Bundeskartellamt clears acquisition of "tolino" e-book platform by Rakuten* The Bundeskartellamt has cleared the acquisition by the Japanese online retailer Rakuten Inc. of the assets for the technical operation of the "tolino" e-book platform. The seller of the assets is Deutsche Telekom AG, (...)

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 des (...)

Bundeskartellamt imposes fines on account of vertical price fixing in the sale of furniture* The Bundeskartellamt has concluded its cartel proceedings against furniture manufacturers for enforcing resale price maintenance on retailers. Fines totalling 4.43 million euros were imposed on the (...)

Bundeskartellamt ends proceedings against Deutsche Funkturm after pricing structure amendments* The Bundeskartellamt has terminated the administrative proceedings which it initiated against Deutsche Funkturm GmbH, Münster in January 2015. In the proceedings the authority investigated suspected (...)

Fine proceedings for vertical price fixing in the German food retail sector concluded* The Bundeskartellamt has concluded its last three pending proceedings concerning vertical price fixing in the food retail sector. The authority imposed fines totalling 18.3 million euros on EDEKA (...)

Energy Monitoring Report 2016 published by the Bundesnetzagentur and the Bundeskartellamt* The Bundesnetzagentur and the Bundeskartellamt today published their joint Monitoring Report on the main developments in the German electricity and gas markets in 2015. Large variety of suppliers on the (...)

Bundeskartellamt clears acquisition of Coop by Rewe subject to conditions* The Bundeskartellamt has cleared the acquisition of the northern German food retailer Coop eG, Kiel, by REWE Markt GmbH, Cologne, subject to conditions. Coop operates around 200 supermarkets in the federal states of (...)

Proceedings against companies of ClemensTönnies group concluded – fines of 128 million euros cancelled due to restructuring measures* The Bundeskartellamt has closed its fine proceedings against two companies of the Zur Mühlen Group. The fines totalling 128 million euros which were imposed on (...)

Bundeskartellamt clears merger of savings banks in Bavaria* Today the Bundeskartellamt has cleared the merger between the savings banks Sparkasse Ingolstadt and Sparkasse Eichstätt. Andreas Mundt, President of the Bundeskartellamt: "Under the law of the federal state of Bavaria savings banks (...)

The Bundeskartellamt clarifies: Merger of long-distance bus operators not examined by the Bundeskartellamt* Today FlixMobility GmbH (known as "FlixBus“), Munich, announced its takeover of the long-distance bus business of Deutsche Post Mobility GmbH (known as "Postbus“), Bonn. The (...)

Bundeskartellamt imposes fines on TV studio operators* The Bundeskartellamt has imposed fines amounting to a total of approx. 3.1 million euros on Studio Berlin Adlershof (SBA) GmbH, its affiliate Studio Berlin Broadcast GmbH (both located in Berlin) and Bavaria Studios & Production (...)

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 (’Ahlstrom’) (...)

BUNDESKARTELLAMT ISSUES PRELIMINARY ASSESSMENT OF THE PLANNED REWE/COOP MERGER* In response to enquiries the Bundeskartellamt confirms that on 25.07.2016 it sent the parties concerned in the Rewe/Coop merger control proceedings its draft decision in the matter. In addition to the parties to (...)

2015 Annual Report of the Bundeskartellamt* Today, the President of the Bundeskartellamt, Andreas Mundt, presented the authority’s annual report for 2015. Digital economy New digital products and business models have created new challenges for competition policy and competition law (...)

Bundeskartellamt publishes working paper on "Market Power of Platforms and Networks"* The Bundeskartellamt has today published a working paper which deals with the "Market Power of Platforms and Networks" in the Internet. The report focuses on the factors relevant for assessing the market (...)

SECTOR INQUIRY INTO HOSPITALS* The Bundeskartellamt has launched a sector inquiry into the hospital service to examine and analyse competitive conditions in the sector. In the light of increasing consolidation the authority frequently has to deal with planned mergers between different hospital (...)

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 (...)

Resale price maintenance in food retail sector - Fine proceedings largely concluded in beer segment too* In its vertical case in the food retail sector the Bundeskartellamt has concluded further cartel proceedings and imposed new fines on retailers totalling 90.5 million euros. This time the (...)

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 (...)

Bundeskartellamt examines dairies’ conditions of supply* The Bundeskartellamt has initiated an administrative proceeding to examine the conditions which the dairies have set farmers for the supply of raw milk. In a test case it will examine first of all the conditions of supply set by the large (...)

Bundeskartellamt approves marketing model for award of Bundesliga rights from 2017/18 football season onwards – DFL undertakes for first time to observe ’no single buyer’ rule* The German League Association and the German Football League (DFL) have submitted a commitment to the Bundeskartellamt (...)

Bundeskartellamt clears merger of the two central banks in the German cooperative banking sector* The Bundeskartellamt has cleared the merger of the two central banks in the German cooperative banking sector, DZ BANK AG (Frankfurt) and WGZ BANK AG (Düsseldorf). The cooperative banks are (...)

Bundeskartellamt imposes fines in cartel in sanitary sector* The Bundeskartellamt has imposed fines totalling around 21.3 million euros on nine wholesalers and an individual involved in the sanitary, heating and air conditioning sector on account of concluding anti-competitive agreements. The (...)

Bundeskartellamt concludes "rail case" with fine imposed on Vossloh Laeis* The Bundeskartellamt has imposed a fine of just under 3.5 million euros on the company Vossloh Laeis GmbH, Trier. Andreas Mundt, President of the Bundeskartellamt: "During the period from 2001 to 2011 Vossloh Laeis (...)

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 (...)

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 proceedings (...)

Bundeskartellamt fines LEGO for vertical resale price maintenance* The Bundeskartellamt has imposed a fine of 130,000 euros on LEGO GmbH for enforcing vertical resale price maintenance in the sale of its so-called "highlight articles". Those affected were retailers in northern and eastern (...)

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 (...)

Narrow ’best price’ clauses of Booking also anticompetitive* Today the Bundeskartellamt prohibited Booking (Booking.com Deutschland GmbH, Berlin, and Booking.com B.V., Amsterdam) from continuing to apply its ’best price’ clauses and ordered the hotel booking portal to completely delete the clauses (...)

Car retailers can cooperate with intermediaries for new cars. Restrictions imposed by manufacturers lifted following Bundeskartellamt proceedings.* In the spring of this year the Bundeskartellamt initiated proceedings against the automobile manufacturers Ford, Opel and PSA Peugeot Citroën for (...)

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 (...)

Bundeskartellamt clears possible takeover of Deutsche Wohnen by Vonovia* In first phase proceedings the Bundeskartellamt has cleared plans by Vonovia SE, Düsseldorf, to acquire all the shares in Deutsche Wohnen AG, Frankfurt am Main, by way of a public takeover bid. The project affects a number (...)

CLEARANCE OF TAKEOVER BU STÖER OF ONLINE MARKETING COMPANY OMS* In first phase proceedings the Bundeskartellamt has cleared plans by Ströer SE, Cologne, to acquire all the shares in OMS-Vermarktungs GmbH & Co. KG, Düsseldorf. The merger project affects the online advertising sector. Andreas (...)

REMONDIS CAN ACQUIRE CORTEK GROUP * In second phase proceedings the Bundeskartellamt has cleared the acquisition of the Cortek group by REMONDIS GmbH & Co. KG, Kloster Lehnin. The Cortek group includes the following companies: Cortek Gesellschaft für Recycling und Entsorgungsleistungen mbH, (...)

Bundeskartellamt opens proceedings against Audible/Amazon and Apple* The Bundeskartellamt has initiated administrative proceedings against the Amazon subsidiary Audible.com and Apple Computer Inc. The companies have a long-term agreement on the purchase of audiobooks by Apple from Audible for (...)

Bundeskartellamt concludes mattress case with another fine* The Bundeskartellamt has fined Tempur Deutschland GmbH, Steinhagen, 15.5 million euros for imposing resale price maintenance on retailers selling its products. Andreas Mundt, President of the Bundeskartellamt: "From August 2005 to (...)

Major online dating platforms can merge* The Bundeskartellamt has cleared in second phase proceedings the planned acquisition of all the shares in EliteMedianet GmbH, Hamburg, by an investment fund of Oakley Capital Limited, London. The merger affects the market for online dating platforms, on (...)

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 15 (...)

BMW, DAIMLER AND AUDI CAN ACQUIRE NOKIA’S HERE MAPPING SERVICE * In the first phase of merger control the Bundeskartellamt has cleared the acquisition of the HERE mapping service, which until now has belonged to the Finnish Nokia Corporation, by a consortium of the German car manufacturers BMW, (...)

Bundeskartellamt clears merger between Carglass and junited AUTOGLAS* The Bundeskartellamt has cleared the acquisition of the "junited AUTOGLAS" network and three individual garages that offer vehicle glass repair services by Belron GmbH, Cologne, the parent company of Carglass GmbH. The (...)

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 (...)

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 (...)

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 sell (...)

Bundeskartellamt publishes report on divestitures in the rolled asphalt industry* Today the Bundeskartellamt published a report on the state of proceedings it has initiated to break up anti-competitive company interlocks in the German rolled asphalt sector. The report provides an overview of (...)

Bundeskartellamt imposes fines on armaments suppliers on account of price-fixing agreements* The Bundeskartellamt has imposed fines totalling 1.3 million euros on three suppliers of the Bundeswehr (German Federal Armed Forces), which sell so-called rubber track pads and vibration dampers for (...)

Bundeskartellamt prohibits the joint marketing of round timber in Baden-Württemberg* Today the Bundeskartellamt has issued its final decision in the round timber proceedings against the federal state of Baden-Württemberg. Via its state company Forst BW Baden-Württemberg has so far marketed wood (...)

Sector Inquiry into Submetering of Heating and Water Costs* The Bundeskartellamt has launched a sector inquiry into the metering and billing of heating and water costs. Submetering services cover the consumption-based metering and billing of heating and water costs in buildings as well as the (...)

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 (...)

Vertical resale price maintenance in the food retail sector - Majority of fine proceedings concluded* The Bundeskartellamt has concluded most of its cartel proceedings against manufacturers and retailers in the food sector for illegally maintaining the retail prices of well-known brand (...)

Fines imposed on manufacturers of prefabricated garages on account of price-fixing agreements* The Bundeskartellamt has imposed fines amounting to 11 million euros on ten manufacturers of prefabricated garages for their involvement in price-fixing agreements. Andreas Mundt, President of the (...)

Fines for clay roof tile cartel: 66 million euros declared final – 70 million euros invalid due to loophole in legal succession provisions* With its decision of 29 May 2015 the Düsseldorf Higher Regional Court imposed fines amounting to around 42 million euros on two manufacturers of clay roof (...)

AGRAVIS AG AND DANISH AGRO CAN TAKE OVER LARGE PARTS OF GRETEIDE AG* The Bundeskartellamt has cleared the proposed takeover of large parts of the agribusiness activities and the production of seeds and feedstuffs of Getreide AG by Agravis Raiffeisen AG and its Danish cooperation partner Danish (...)

Fine imposed for resale price maintenance in the sale of portable nagivation devices* The Bundeskartellamt has imposed a fine of 300,000 euros on United Navigation GmbH, Ostfildern, for enforcing resale price maintenance on retailers selling its products. From July 2009 to May 2014 (...)

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 (...)

CLEARANCE OF MERGER BETWEEN IMMONET AND IMMOWELT* In the first phase of merger control the Bundeskartellamt has cleared plans by Axel Springer SE, Berlin to acquire sole control of Immowelt AG, Nuremberg and the launch of a joint venture between Immowelt AG and Immonet GmbH, Hamburg. The (...)

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 and (...)

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. This (...)

Bundeskartellamt prohibits takeover of Kaiser’s Tengelmann by EDEKA* The Bundeskartellamt has prohibited the acquisition of around 450 Kaiser’s Tengelmann outlets by EDEKA. In the authority’s view the project would have considerably wors-ened competition conditions on a large number of highly (...)

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 & Co. (...)

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 manufacturers (...)

Bundeskartellamt issues preliminary assessment of the takeover of Kaiser’s Tengelmann by EDEKA* In the EDEKA/Tengelmann merger control proceedings the Bundeskartellamt has today informed the parties of its preliminary assessment of the takeover plans. Andreas Mundt, President of the (...)

Further fine imposed for resale price maintenance in mattress case* The Bundeskartellamt has fined Metzeler Schaum GmbH 3.38 million euros for imposing resale price maintenance on retailers selling its products. From early 2007 to July 2011 representatives of Metzeler had repeatedly agreed (...)

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 the (...)

Fine imposed on SodaStream for abusive practices* The Bundeskartellamt has imposed a fine of 225,000 euros against SodaStream GmbH, Limburg an der Lahn, on account of abusive practices. Due to the dominant position held by SodaStream (formerly Soda Club) other companies must also be given the (...)

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 decision the (...)

Monitoring Report 2014 of the Bundesnetzagentur and the Bundeskartellamt* The Bundesnetzagentur and the Bundeskartellamt today published their joint Monitoring Report on key developments in the German electricity and gas markets in 2013. With this report, the Bundesnetzagentur and the (...)

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 (...)

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 (...)

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 (...)

Bundeskartellamt clears takeover of Jibi by Bünting* The Bundeskartellamt has today cleared the complete acquisition of Jibi Handel GmbH & Co. by J. Bünting Beteiligungs AG in the first phase of merger control. Andreas Mundt, President of the Bundeskartellamt: "By acquiring 88 Jibi outlets (...)

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. (...)

Sector inquiry "Buyer power in the food retail sector"* Today the Bundeskartellamt published its report on the sector inquiry into buyer power in the food retail sector. The inquiry focuses on the conditions of competition between the food retail companies on the one hand and their suppliers (...)

Bundeskartellamt clears acquisition of Veyance by Continental* In second phase proceedings the Bundeskartellamt has cleared the acquisition of Veyance Technologies, Inc., Fairlawn, Ohio/USA, by Continental AG. Both companies are component suppliers to the automotive industry. The merger (...)

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 against (...)

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 (...)

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 (...)

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 (...)

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 (...)

Press Release published on the official website of the German Competition Authority. Withdrawal of notification of merger between the daily newspapers WAZ/Westfälische Rundschau and Ruhr-Nachrichten in the Dortmund area* The Bundeskartellamt confirms that the media company Medienhaus Lensing (...)

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 (...)

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 (...)

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 rebates") (...)

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 (...)

Bundeskartellamt prohibits merger between hospitals in Esslingen* The Bundeskartellamt has prohibited plans of the administrative district of Esslingen and the town of Esslingen to merge the Esslingen district clinics (Kreiskliniken Esslingen) with the Esslingen clinical centre (Klinikum (...)

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 (...)

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 (...)

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 stakeholders (...)

Bundeskartellamt clears Springer/Funke merger in the TV programme magazine segment subject to conditions and obligations* Bonn, 29 April 2014: The Bundeskartellamt has cleared subject to conditions and obligations the acquisition by FUNKE MEDIENGRUPPE of Axel Springer’s TV programme magazines (...)

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 commitment (...)

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 Deutschland (...)

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 to (...)

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, heating (...)

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 (...)

Springer/Funke - TV programme magazines Talks held with the Bundeskartellamt about the divestment of several print titles* The Bundeskartellamt confirms that on 24 February 2014 it has issued a preliminary assessment of the planned acquisition of the TV programme magazines Hörzu, Funk Uhr, TV (...)

Düsseldorf Higher Regional Court confirms Bundeskartellamt decision on reduction of Berlin water prices* On 27 February 2014 the Düsseldorf Higher Regional Court has rejected the appeal filed by Berliner Wasserbetriebe (BWB) against the Bundeskartellamt’s decision of 4 June 2012. In this decision (...)

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 (...)

Bundeskartellamt imposes fines on sugar manufacturers* Today the Bundeskartellamt has imposed fines amounting to around 280 million euros on the three major German sugar manufacturers Pfeifer & Langen GmbH & Co.KG, Cologne, Südzucker AG Mannheim/Ochsenfurt, Mannheim, and Nordzucker AG, (...)

Merger cleared - Sky may acquire a participation in Sport1* Today the Bundeskartellamt cleared the acquisition of a minority share in the sports channel Sport1 by Sky Deutschland. The transaction also involves the acquisition of a minority share in Constantin Sport Marketing GmbH (CSM) and the (...)

Düsseldorf Higher Regional Court confirms fines against Melitta* On 10 February 2014 the Düsseldorf Higher Regional Court imposed a fine of 55 million euros on Melitta Europa GmbH & Co. KG, confirming the Bundeskartellamt’s fines decision of 21 December 2009 (see Press release of (...)

Proceedings initiated against Deutsche Bahn AG Suspicion of restricting competition in ticket sales* The Bundeskartellamt has initiated proceedings against Deutsche Bahn AG on the suspicion that it has abused its dominant position in the sale of rail passenger tickets. Andreas Mundt, (...)

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. (...)

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. The (...)

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 company to (...)

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. With (...)

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 (...)

Consultation: Draft Guidance Document on Domestic Effects in Merger Control* The Bundeskartellamt has published a draft of its guidance document “Domestic Effects in Merger Control“. This document is to replace the previous document which was published in 1999. The draft document is available (...)

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 affect (...)

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 Axel (...)

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 (...)

Bundeskartellamt initiates second phase proceedings on the takeover of Rhön locations by Fresenius* Bonn, 27 November 2013: In merger control proceedings relating to the planned takeover of Rhön subsidiaries by Fresenius the Bundeskartellamt has initiated second phase proceedings. The health (...)

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 of (...)

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 the (...)

Merger of component suppliers to the aerospace industry cleared after intensive examination* Bonn, 24. October 2013: The Bundeskartellamt has cleared the acquisition of Permaswage Holding SAS registered in Les Clayes-sous-Bois, France, by Precision Castparts Corporation, Portland, USA, in (...)

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 (...)

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 (...)

Vertical Restraints in the Internet Economy - Meeting of the Working Group on Competition Law in Bonn* Bonn, 14 October 2013: On 10 October 2013 the Working Group on Competition Law met in Bonn at the invitation of the Bundeskartellamt. At this year’s meeting more than 100 competition law (...)

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 (...)

Fine imposed on WALA Heilmittel GmbH for vertical price fixing practices involving Dr Hauschka cosmetics products* Bonn, 31 July 2013: Today the Bundeskartellamt has imposed fines amounting to a total of approx. € 6.5 million on WALA Heilmittel GmbH, Bad Boll, and representatives of the (...)

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 (...)

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 (...)

Bundeskartellamt clears acquisition of fireworks importer FKW Keller, Bochum, by Comet Feuerwerk GmbH, Bremerhaven, in the first phase of merger control* The Bundeskartellamt has cleared the acquisition of the fireworks business of FKW Keller, Bochum, by Comet Feuerwerk GmbH in preliminary (...)

Bundeskartellamt continues to view HRS’s best price clause critically* The Bundeskartellamt has confirmed its competition concerns about the best price clause used by the hotel booking portal HRS. After examining the statements of HRS and all other relevant market participants, the (...)

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 Bundeskartellamt (...)

Bundeskartellamt clears mergers of cash handling services (CIT) companies* Prosegur’s acquisition of Brink’s only cleared subject to conditions relating to the Berlin market The Bundeskartellamt has cleared the acquisition of Brink’s Deutschland GmbH and Brink’s Transport und Service GmbH by the (...)

€ 10 million fine imposed on Moravia Steel in rail cartel case* Today the Bundeskartellamt imposed a fine of € 10 million on Moravia Steel Deutschland GmbH. The authority has thus concluded its investigation proceedings against manufacturers and suppliers of rails on account of anticompetitive (...)

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 fund (...)

Bundeskartellamt`s Activity Report 2011/2012* Today, the President of the Bundeskartellamt, Andreas Mundt, presented the authority’s report on its activities in 2011 and 2012: ""In the past two years we have continued to enhance our cartel prosecution activities. In numerous sectors, this has (...)

Bundeskartellamt`s New Fining Guidelines* Today the Bundeskartellamt has published its new guidelines on the setting of fines. Andreas Mundt, President of the Bundeskartellamt: ""The Federal Court of Justice’s latest decision has made it necessary for us to adjust our guidelines. On the whole, (...)

Bundeskartellamt clears hospital merger in the Main-Taunus district in spite of high market shares* In main examination proceedings the Bundeskartellamt has cleared plans to merge the Main-Taunus district clinics (Kliniken des Main-Taunus-Kreises) and the Frankfurt Höchst clinical centre (...)

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 to (...)

Award of concession for fire detection systems in conformity with competition law* Bundeskartellamt terminates test proceedings following commitment by the City of Düsseldorf The Bundeskartellamt has terminated its test proceedings on award procedures for fire alarm transmission systems and (...)

Bundeskartellamt closes proceedings on adequate network access for Ingolstadt refinery* Today the Bundeskartellamt has closed its proceedings against the group companies of the Transalpine Ölleitung (transalpine oil pipeline, TAL). The Ingolstadt refinery will now be granted access to the TAL (...)

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 petrol (...)

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. (...)

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 (...)

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 (...)

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 (...)

Multi-million fines imposed on manufacturers of drugstore products on account of anti-competitive information exchange* The Bundeskartellamt has concluded its proceedings against several manufacturers of branded drugstore products. The authority has imposed fines of another 39 million Euros on (...)

Bundeskartellamt clears hospital merger in Bergstraße region* In main examination proceedings the Bundeskartellamt has cleared plans by Heidelberg University Hospital, Universitätsklinikum Heidelberg, to acquire a 90% share of the district hospital Kreiskrankenhaus Bergstraße gGmbH in Heppenheim. (...)

Participation of Asklepios Group in rival Rhön-Klinikum cleared subject to condition* The Bundeskartellamt has approved plans by Asklepios Kliniken Verwaltungsgesellschaft to acquire a 10.1% stake in Rhön-Klinikum AG, subject to a condition precedent. In the Goslar region the project would have (...)

ARD/ZDF Online Platform "Germany’s Gold" raises competition concerns* The Bundeskartellamt takes a critical view of the ARD/ZDF online platform project "Germany’s Gold". In April 2012 several companies of the ARD and ZDF broadcasting groups, together with eleven other production and licensing (...)

Bundeskartellamt confirms searches of sanitary ware wholesalers* The Bundeskartellamt confirms that on 6 March 2013 it carried out searches at the premises of several sanitary ware wholesalers. The authority followed up the suspicion that some sanitary ware wholesalers operate a system of (...)

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 (...)

Bundeskartellamt confirms searches at three companies in the steel industry* The Bundeskartellamt confirms that on 28 February 2013 it carried out searches at three companies in the steel industry. The authority followed up the suspicion that companies on the market for the sale of steel strip (...)

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 Druck- (...)

Bundeskartellamt prohibits takeover of Tele Columbus by Kabel Deutschland* The Bundeskartellamt has prohibited plans by Kabel Deutschland Holding AG (KDG) to acquire the cable network operator Tele Columbus GmbH. Andreas Mundt, President of the Bundeskartellamt: ""After intensive (...)

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 of (...)

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 (...)

Bundeskartellamt examines acquisition of daily newspaper Frankfurter Rundschau by Frankfurter Allgemeine Zeitung (FAZ)* On 30 January 2013, the Bundeskartellamt was notified of plans by Frankfurter Allgemeine Zeitung GmbH, or rather its printing house, to acquire the publishing business of the (...)

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 on (...)

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 (...)

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 not (...)

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 collection, (...)

Bundeskartellamt presents final report on its milk sector inquiry* The Bundeskartellamt has published its final report on its milk sector inquiry. In the report the authority presents an in-depth assessment of the business relationships in the milk sector. In its sector inquiry the (...)

Competition authorities give go ahead for more intensive cooperation and worldwide implementation of competition principle* The competition authorities wish to improve their international cooperation and gain more acceptance worldwide for the principle of competition. At the first conference (...)

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 (...)

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 toll on (...)

Bundeskartellamt gives first warning on account of excessive fees for network use* The Bundeskartellamt intends to prohibit Stadtwerke Mainz AG from demanding abusively excessive fees for network use. This is the first warning issued in the course of the ten formal abuse proceedings relating (...)

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 Competition (ARC). (...)

Bundeskartellamt prohibits Europe’s largest supplier of spices, Fuchs Gewürze, from hindering a competitor* The Bundeskartellamt has prohibited Fuch Gewürze GmbH & Co., Dissen, (Fuchs) from unfairly hindering its competitor, Hartkorn Gewürzmühle GmbH, Koblenz, (Hartkorn). Fuchs is Europe’s (...)

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 group. (...)

€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 the (...)

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 (...)

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 (...)

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 a (...)

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 and (...)

Merger between DB AG and Stadt- und Regionalbus Göttingen cleared under strict obligations directed at opening up the market* The Bundeskartellamt has approved plans of Deutsche Bahn AG to acquire a 49.9% share in the company Stadt- und Regionalbus Göttingen GmbH (SRG) via its subsidiary (...)

Bundeskartellamt clears Nordzucker / Union-Zucker merger project* The Bundeskartellamt has cleared the acquisition of Union-Zucker Südhannover GmbH, Nordstemmen, by Nordzucker AG, Brunswick. The merger project affects the markets for industrial, household and liquid sugar in northern Germany. (...)

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 (...)

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, Frankfurt, (...)

Trienekens/AWISTA (Düsseldorf city cleaning) cleared subject to conditions* The Bundeskartellamt has cleared the acquisition of 49 per cent of the shares in AWISTA Gesellschaft für Abfallwirtschaft und Stadtreinigung mbH (AWISTA), Düsseldorf, by Trienekens AG, Viersen, (Trienekens) subject to (...)

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 agreed (...)

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 (...)

BayWa AG / WLZ AG merger cleared subject to strict obligations* The Bundeskartellamt has cleared the planned merger of the central agricultural cooperatives BayWa AG in Munich and WLZ AG in Stuttgart only subject to strict obligations. The President of the Bundeskartellamt, Ulf Böge, stated: (...)

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 (envia) (...)

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 (...)

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 (...)

Lufthansa faces fine for refusing to give up appropriate slots to Germania* In its clearance of the Lufthansa/Eurowings merger in September 2001 the Bundeskartellamt ordered Lufthansa to, among others, provide upon request and on all German domestic air routes where a new competitor intends to (...)

Bundeskartellamt clears T-Online participation in Bild.de subject to specific conditions* The Bundeskartellamt has cleared T-Online International AG’s acquisition of a 37 per cent share in Bild.de after the companies concerned had clarified with legally binding effect a number of preconditions (...)

Bundeskartellamt prohibits planned Liberty Media/KDG merger* The Bundeskartellamt has prohibited Liberty Media’s planned acquisition of Deutsche Telekom AG’s (KDG) broadband cable networks. The merger would strengthen dominant positions in the supply market for broadcasting signals to final (...)

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 Bundeskartellamt, (...)

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 (...)

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 (...)

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 (...)

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 in (...)

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 (...)

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 (...)

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 Germania (...)

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 (...)

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. The (...)

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 transferred (...)

Bundeskartellamt clears Shell/DEA and BP/Veba Oel mineral oil mergers only subject to strict obligations* The Bundeskartellamt has cleared the planned mergers of Deutsche Shell GmbH, Hamburg (Shell) with DEA Mineralöl AG, Hamburg (DEA) and Deutsche BP AG, Hamburg (BP) with Veba Oel AG, (...)

Deutsche Post allowed to put merger with trans-o-flex into effect subject to strict obligations* The Bundeskartellamt has lifted the ban on putting into effect the planned increase by Deutsche Post AG (DP AG) of its share in trans-o-flex Schnell-Lieferdienst GmbH, Weinheim (trans-o-flex) from (...)

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 (...)

Lufthansa/Eurowings cleared subject to obligations* The Bundeskartellamt has cleared the merger of Lufthansa and Eurowings. The President of the Bundeskartellamt, Dr Böge, stated: „As a consequence of the decision, conditions and obligations will take effect which prevent a further consolidation (...)

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 AG, (...)

Proceedings against Deutsche Bahn AG in connection with abusive route price structure halted* The Bundeskartellamt is halting proceedings against Deutsche Bahn in connection with abusive route price structures. The President of the Bundeskartellamt, Ulf Böge said, "The Bundeskartellamt welcomes (...)

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 (...)

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 (...)