It was a few days after the New Year, as the Rewe lawyers sighted the huge pile of documents, which produces the ministerial approval process Edeka / Kaiser’s Tengelmann incessantly, each page neatly numbered. On page 17060, they came across an email from Edeka CEO Markus Mosa to Economy Minister Sigmar Gabriel on 2 December 2015 in the Mosa refers to a conversation from the previous day. The lawyers were amazed -. Of meeting them was not known
About phone request to the competent Head of Unit of the Ministry, Armin Jungbluth, justified the making for Rewe Lawyers from the Freshfields on 22 January a longer note to. It is the “Welt am Sonntag” before. It says: “Mr. Jungbluth then, that there was a conversation between the Minister and Mr. Mosa on December 1, 2015 confirmed Furthermore there is no memorandum..”
The note brings economy Minister Sigmar Gabriel (SPD) provide explanations. He has the task this week quite differently presented: “About the fact of the interview on 1 December 2015, then – unlike claims – all parties – also Rewe – been informed in the context of access to file in January 2016.”.
the meeting with Mosa is a must just stand several inconsistencies, for Gabriel in the ministerial approval process Edeka, Tengelmann. The Higher Regional Court Dusseldorf has come to a halt Gabriels special permission for a merger of Edeka, Tengelmann this week, and with the most spectacular conceivable justification: Gabriel was in the process may be biased. He had led secret talks with Edeka and Kaiser’s Tengelmann and Rewe – Edekas competitors for a takeover of Kaiser’s Tengelmann -. Not sufficiently informed about the talks
The decision is a bang , For months, the parties had already delivered a mudslinging. Rewe CEO Alain Caparros designated Edeka as “devil”, Edeka CEO Markus Mosa turn accused Caparros falsehood. With the decision of the Oberlandesgericht, the process has now reached a new level. Now also provide more executive and legislative a feud. Either it is in the decision of the Oberlandesgericht Dusseldorf by judicial failure. Or Gabriel lying or geschludert the ministerial approval process. Then it could for the economy minister will closely.
The ministerial approval was from the beginning a delicate matter. Edeka is with employees around 350,000 one of the largest employers in Germany. The Group is not forfeited it better. On the other hand, it is also questionable to strengthen Edekas market power by Fusion on. For this reason, the Federal Cartel Office had rejected the deal with Tengelmann. With Tengelmann turn the Federal Ministry of Economics combines common business interests: Tengelmann is one of the small shareholders of the high-tech Gründerfonds invests about Gabriel House in start-ups
After a unusual. long process gave Gabriel in March the merger subject to conditions, the special permit. This can do a Minister when, in his view, a merger is beneficial for the common good. Gabriel looked at the preservation of 16,000 jobs at Kaiser’s Tengelmann and the protection of their labor rights as such an advantage. A ministerial permit is extremely rare, it came in the history of the Federal Republic so far only nine times. Totally unprecedented but
is the process that a court she tilts because the competent minister may have been biased. What can currently go wrong for Gabriel, goes wrong. Last week he had to explain why have just doubled the arms exports under him as economy minister. Soon the FTA TTIP could fail, for Gabriel has tumbled. Can he in these two cases, the blame still push on others, he must put off his head alone for the time being ruptured ministerial approval. Gabriel personally drafted. The No of the court let him now appear unsuitable for the Federal Chancellery, for which it currently takes up. Gabriel was not only potentially biased, he had geschludert even with the documents and the reasons for its decision wrong, informed the court. In brief ie: Gabriel can his ministers Job not
This could not be sitting on the head of the SPD.. He interrupted his vacation, convened for Wednesday a press conference and accused the court of “false factual allegations” before. So the meeting between Gabriel, Edeka CEO Mosa and Tengelmann owner Haub took place not on 16 December, but on 18 December. Even these were different from the court claiming no “six eyes talks” between the three have been, but individual discussions with the respective CEOs, which is always more than two officials of the Economy Ministry were present. could therefore no question of secret talks. “Again, awakens the OLG a false impression or is simply misinformed,” said Gabriel, and announced to launch against the court order to take legal action.
Some allegations could Gabriel so dispel, at others stayed question mark. Although Gabriel contrary to his habit his statement was reading the list, he could not say which officials in which the talks were just that. The subsequent delivery had to be home. And a sloppiness conceded the Minister, at least indirectly.
To be found in the Journal of Freshfields solicitors on 22 January the information, another conversation between Edeka boss Mosa and Gabriel after December 1, had “not occurred”. Another interview with Mosa there was, on 18 December, as Gabriel said. There is no information to the call content. According to the Ministry of Economy had meeting minutes was “not necessary”. The discussion topics emerge from the preparatory documents for the two meetings. And the files would have provided the Ministry the OLG Dusseldorf. Nor was there any legal obligation for the home, to create protocols.
That Gabriel had no make notes on the discussions, experts evaluated differently. The clear separation between competitive examination by the antitrust authorities on the one hand and economic policy design by the Minister on the other should be retained in order to take political pressure from the Federal Cartel Office, says Florian Bien. “When the set now by the OLG Dusseldorf standard would inventory which ministerial approval is dead,” says the antitrust law professor. “Which minister wanted in the future in such a tight corset still wish to grant an authorization? Who would not take the risk to a demonstration in Dusseldorf in this way?”
A renowned Berliner antitrust lawyer keeps the process Gabriels hand for “totally unusual”. “What Mr. Gabriel has made there is a kind of secret diplomacy, which actually may not exist in a state of law.” And the antitrust expert Justus Haucap says: “Notes on the talks between Gabriel and the company executives to create would have been sent securely from the perspective of the Federal Ministry of Economics It has now speculation door wide open..”
Haucap colleague Daniel room is encouraged by the decision of the OLG Dusseldorf. Room had resigned in mid-March in protest against the ministerial approval as Chairman of the Monopolies Commission. The government adviser spoke out in an opinion against the merger, it was the “worst possible solution”. Also, the job cuts decision does not prevent the room told “Welt am Sonntag”: “For the one who has the most extensive branch network, is in the long term the biggest incentive for job losses.” And that is now once Edeka. After expiry of the job guarantee after five years Edeka would emphasize jobs.
Now it could still happen sooner. Tengelmann Haub owner threatened shortly before the court decision until the end of July, the merger must be, otherwise he would have to find another way. “A smashing of Tengelmann is now likely,” says Haucap
Gabriel commented the verdict in his own way “is to court an old rule:.. You never get law, but only an opinion. ” The judges at the High Court will have certainly not found the spell before the pending final judgment funny.
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