The German Competition Authority clarifies its approach towards an alleged oligopoly on the German retail petrol markets in a decision prohibiting the acquisition of 59 gas stations in Saxony and Thuringia (Total / OMV)

In the decision of 29 April 2009, the German Federal Cartel Office (“FCO”) prohibited the proposed acquisition of OMV Deutschland GmbH’s (“OMV”) 59 petrol stations located in Saxony and Thuringia by Total Deutschland GmbH (“Total”). The FCO founded in its decision that the concentration to strengthen the dominant position held by Total together with four other fuel suppliers on the relevant markets for retail sale of diesel and gasoline through (regional) petrol stations. This prohibition decision of the FCO has been appealed at the Higher Regional Court Düsseldorf (“OLG Düsseldorf”), which dismissed the FCO’s finding. OLG Düsseldorf’s decision has been in turn appealed at the Federal Court of Justice, which annulled the OLG Düsseldorf’s ruling. Currently, the case is pending – again – before the

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  • Dentons (Berlin)

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Josef Hainz, The German Competition Authority clarifies its approach towards an alleged oligopoly on the German retail petrol markets in a decision prohibiting the acquisition of 59 gas stations in Saxony and Thuringia (Total / OMV), 29 April 2009, e-Competitions Bulletin Energy & Mergers, Art. N° 48615

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