CASE COMMENTS : FOREIGN CASELAW – MERGER CONTROL – FOOD RETAILING – MINISTERIAL APPROVAL

Germany: The Bundeskartellamt triggers the 22nd action for ministerial approval due to general interest reasons (Edeka Zentrale & KG, Kaiser’s Tengelmann)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. With ministerial authorisation, German competition law provides for the possibility of taking into account public interest aspects in merger control. In 2015 the two food retailing companies Edeka and Tengelmann made use of this instrument. A formal procedure The ministerial authorization is regulated in paragraph 42 of the Law against Restraints of Competition. After the Bundeskartellamt has prohibited a merger or after all remedies have been exhausted, the parties to the transaction have the possibility to apply to the Minister of Economics and Technology for approval of the merger. The Minister authorises the merger if the restriction of

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  • German Monopolies Commission (Monopolkommission)

Quotation

Per Rummel, Germany: The Bundeskartellamt triggers the 22nd action for ministerial approval due to general interest reasons (Edeka Zentrale & KG, Kaiser’s Tengelmann), 31 March 2015, Concurrences N° 1-2016, Art. N° 77951, pp. 224-226

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