Gabriel wants corrections in the decision to Edeka / Tengelmann – THE WORLD

Berlin – In the dispute with the Higher Regional Court of Dusseldorf for the stopped special permit for the merger of supermarket chains Kaiser’s Tengelmann and Edeka Economy Minister Sigmar Gabriel is in the offensive.

Gabriel had submitted a so-called facts corrections before the court, confirmed a spokeswoman of the Ministry. The court should correct assertions that have placed it in the grounds of its decision of 12 July. The OLG had then stopped as approved by Gabriel conditional acquisition of Kaiser’s Tengelmann by Edeka in summary proceedings at first.

The application does not have a legal action against the OLG -Decision. The spokeswoman stressed that it should only facts misrepresented be corrected in the decision. “The legal redress we consider yet.”

As the Berlin “Tagesspiegel” reported, the Ministry would have clarified, among other things, that Gabriel on 1st. I December Edeka CEO Markus Mosa and Tengelmann CEO Karl-Erivan Haub not together, but separately met and talked. In addition, there had been about four or six-to-one discussions, but there are in each case also proceed senior officials have been there.

Similarly, the criticism of the Court, the opinion of Edeka Rewe lawyers to deal was handled by the Ministry as confidential, do not agree. “She was part of the case file and was placed in the context of access to the file on 19 January 2016. available”, cited the “Tagesspiegel” from the application. Even Gabriel had led no secret negotiations. “Discussions with the parties to a proposed transaction or relevant to the debate and decision Third are common and allowed in
merger control proceedings.”

The Court of Appeal Dusseldorf had initially stopped the ministerial approval for the merger. The First Cartel Division assessed the dispensation of Gabriel in a preliminary examination in the emergency procedure as unlawful. It had some parties, the impression must arise that the minister had been biased in its decision, it was said in the decision (Az .: OLG Dusseldorf, VI – Kart 3/16 (V)). The Minister had conducted secret talks at the crucial stage of the approval procedure with Edeka and Kaiser’s Tengelmann. For the other parties, the impression must impose that the Minister had the procedure no longer neutral and objective, but one side out in favor of Edeka and Kaiser’s Tengelmann.

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