The boss is losing patience. “The end of July is a deadline, which I want to know if it is preceded by”, had Karl-Erivan Haub said in early July when the balance of his Tengelmann Group. End of this week the ultimatum expires. Another stage in the increasingly fierce battle for the balance of power in the food market. The
is more bizarre. Reminder: In mid-July, the Higher Regional Court of Dusseldorf Federal Minister Sigmar Gabriel abgewatscht public and ministerial approval, the SPD leader – against the express vote of the Federal Cartel Office and the Monopolies Commission – had enabled the industry first Edeka to take over Kaiser’s Tengelmann canceled. Since then there is war between the court and the ministry. In court you “never right but only an opinion” wars rumbled the Vice Chancellor and threw the Kartellsenat right to speak untruth. The court presented out recently further incriminating documents about secret talks between Gabriel, Edeka CEO Markus Mosa and Haub. The Kartellsenat keeps Gabriel for biased.
ministerial approval or busting
Haub, of its loss-making chain Edeka sell and no more trouble wants, silent since. But his ultimatum is in space. The entrepreneur wants to see progress at least at one point by the end of this week: in collective bargaining. Otherwise there is the destruction of Kaiser’s Tengelmann. 431 branches in NRW, Bavaria and Berlin, and nearly 16,000 jobs are at stake.
Not only does Haub pressure, and the Federal Ministry of Economics. For Edeka must conclude collective agreements on the preservation of jobs and branches with unions Verdi and NGG to still have at least a theoretical chance to defend the ministerial approval. Gabriel had to rescue the jobs at Kaiser’s Tengelmann and the strengthening of collective bargaining cited as main arguments for his special permission.
“We could go on the blind”
The debacle before the Düsseldorf court and the ultimatum Haubs impact. “We could go on the bag this week,” said Volker Bean, works council head of Kaiser’s in Berlin and member of the negotiating committee, the Tagesspiegel. “Sometimes ultimatums are good,” said the trade unionist. Edeka is now much more cooperative than at the beginning. On Thursday we meet again in Berlin, then a collective bargaining agreement is possible. Also in Bavaria and North Rhine-Westphalia is negotiated this week. Despite all the criticism of the negotiation of Edeka you want a success in Verdi. “We hope that it comes to an agreement,” said a spokeswoman Verdi.
skirmish in court
Meanwhile, continue the skirmish in court. The Edeka lawyers throw the judges of the Higher Regional Court against massive error. According to a report of “Bild am Sonntag” complains Edeka in ten points incorrect facts and requests the Court to facts in a Request to delete all records from the decision as a “mere and also inaccurate conjecture” of the court. But without success. After Tagesspiegel information the court rejects the request in the meantime. Also, the Ministry of Economy examines legal action against the temporary injunction to repeal the ministerial approval. Both Edeka and Gabriel want to prevent facts created by the express decision before the Court of Appeal dealt with the matter in the main tangible method. This, it is said a court spokesman, will be sometime this year.
inspect the files
In addition, will the minister – though late – prove transparency. “We agree that acts referred to lay the proceedings open,” said a spokeswoman on request. The court had Gabriel charged that he has met in December twice with Haub and Mosa, but there is to these discussions in the files no documents. Edeka Rewe competitor who is also keen on Kaiser’s Tengelmann was met only by “chance find” in an opinion Edekas, had listed in the Edeka lawyers oppose the Rewe deal. In September, the Higher Regional Court of Dusseldorf also negotiated even on an appeal against the Bundeskartellamt Edekas.
antitrust expert: Why was the Rewe deal unaudited
“You can not understand why Gabriel won the Rewe offer no further testing”, says the renowned competition lawyer Hans-Peter Schwintowski of the Humboldt University (HU). Also Rewe had promised to obtain all branches of Kaiser’s Tengelmann and all jobs in a takeover. “The offer was equivalent, and for the contest a takeover by the industry Second would be better than a purchase by the market leader,” says the lawyer.
In the industry it is speculated that Gabriel’s penchant for Edeka with its proximity to the trade unions might have to do. Many employees of Kaiser’s Tengelmann and Rewe are unionized, Edeka is different. An integration of Kaiser’s in Edeka could, they say, may cause also Edeka employees join the union.
Schwintowski looks like the Higher Regional Court Dusseldorf significant procedural shortcomings at the ministerial approval. “Sigmar Gabriel has chosen as minister,” said the professor. but that he is acting as a public authority at the ministerial approval and must comply with regulations, it probably was not aware of the expert speculates. Great opportunities for Edeka no longer sees Schwintowski. “Ministerial permission is dead.”
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