Merger plans by Edeka and Kaiser’s: Evil Letter to Sigmar Gabriel – Tagesspiegel

22:40 clock From Maris Hubschmid

Update Edeka and Kaiser’s struggle for their merger – and exacerbate the tone against the federal government. In a letter to Economy Minister Sigmar Gabriel, the company threatened with the loss of 8000 jobs.

To their merger plans but to still prevail, the company Edeka and Kaiser’s Tengelmann the federal government have threatened to “total disappearance” of at least 8,000 jobs and at the same time raised serious allegations against the Federal Cartel Office. In its comprehensive 100-page application for a ministerial permit, which is present to the Tagesspiegel, write the parties, among other things: “It is clear that the company definitely exudes Kaiser’s Tengelmann from the market (…) Only the ‘good’ markets would find acquirers. “More than half of the 16 000 jobs would” make sure lost (…) That would mean the end of good 8,000 jobs, including in addition to the closable outlets especially the jobs in the warehouses, the meat works and the shop fitting operation. “

In a personally-held part of the letter stated Tengelmann CEO Karl-Erivan Haub, that there is no prospects for the loss-making supermarket chain abroad. The traders expect specifies in detail how expensive a failure of the merger plans the social funds would have to be: To be alone in the first year needed expectant unemployment benefits for those affected would amount to 83 million euros, then contract a decline in payroll taxes and social security contributions, the “meet at least 85 million euros “amounts to. In the to Federal Minister Sigmar Gabriel (SPD) addressed letter traders emphasize why: “Incorrect competitive decision does not only affect the individual, it will cost the community a lot of money.”

Hard accusations against the Cartel Office

At the same time the company formulate harsh accusations against the Federal Cartel Office. It drew not only wrong conclusions, but also committed momentous procedural errors and is biased against the dealer. Thus, in the complaint, inter alia, “a wrong model application” talk. “The significant impediment to effective competition is diagnosed by the Bundeskartellamt wrong and flawed because the competitive reality has been replaced by a model-theoretical assumption (…) That tilt calculated in the metropolitan areas, where competition is particularly keen, the market through the merger should, is a completely implausible (…) fiction of the Federal Cartel Office. “

The decision failed to comply with their duty of conscientious examination. The prohibition thus set the “disproportionate and unlawful interference with the entrepreneurial freedom of the merging parties and the rights of workers represents.” Edeka and Tengelmann hold out the prospect to take action, but remind simultaneously: “Such a process would take years, in where employees in insecurity live or would have to accept further cuts. “They therefore appeal to the Minister to shorten the process.

” The damage is huge, “

It is worth noting in the paper also that the companies give the Federal Cartel Office, the blame for the decline of Kaiser’s Tengelmann. By 2008 have refused to consent to a shopping community, the Office, it was the chain quasi the death blow. “The damage caused by the ban on cooperation is huge. He is responsible for the market exit. “At the latest since 2008, was Kaiser’s” victims “of an antitrust practice, which does not consider the end.

Haub placed under the authority, prejudiced against him and the case to be, describing the Minister in this train an altercation at the former hearing in Cartel: “How prejudiced the Federal Cartel Office was already against a collaboration with Edeka, also shows the following incident on 8 May 2008 (…) on provision of Mr. Haub, was Kaiser’s Tengelmann Following the transfer of Plus stores definitely too small to achieve even competitive purchase prices can and will therefore remain in a permanent loss situation, the new chairman of the second Decision Division that he is considered one of the richest replied (…) entirely unmoved, Germans these losses probably could not afford “

A spokesman for the Federal Cartel Office told the Tagesspiegel:”. This quote is not correct. Completely independent of Mr Haubs private assets does the financial strength of a company, however, of course, play a role in assessing the
competitive conditions “, the work of the Authority, he defended by saying,”. We have analyzed the concrete shopping alternatives for the local consumers and therefore quite the contrary with an in-depth economic analysis displayed the reality of life. “

Edeka and Tengelmann writing, the case raises” a number of legal issues “on. The expected competition restrictions were doing only marginally and therefore already negligible, because there is no significant competitor at the level of the full range and competitive determining force long ago were the discounters. Price increases are not to be feared from there, on the contrary, prices would move foreseeable rather down

In conclusion of the application it says. It was “strongly believes that in our case, established by the Federal Cartel Office of restricting competition is outweighed by the overall economic benefits of the merger. “Economics Minister Sigmar Gabriel has three months to decide on the application.