More secret talks at Edeka-Tengelmann fusion – tagesschau.de

For Economics Minister Gabriel could now be closely: In its decision on the ministerial permission for the supermarket merger Edeka, Tengelmann, there has been even more secret talks, as the minister had been granted.

In the dispute over ministerial approval for the merger of supermarket chains Edeka and Tengelmann bring Federal Minister Sigmar Gabriel (SPD) new details provide explanations. As is apparent from the response to an inquiry, there has been in the final stages of decision another secret conversation about the controversial takeover, as Gabriel had been added.

How Gabriels State Secretary Rainer Sontowski now provided in writing, there have been personally a conversation between Edeka CEO Markus Mosa, chief of the union Verdi, Frank Bsirske, and Sigmar Gabriel on 22 December. The conversation “was the exchange of both men about the prospects of possible bargaining”, puts it out of the Federal Ministry of Economics. The conversation had “no impact” on the progress of the proceedings. The initiative for the short notice meeting had assumed Mosa, Gabriel did it “gives”, must be read in the document which, the Ministry on Thursday on its website.

Court sees possible bias Gabriel

Here is answers to questions of the Green politician Katharina Dröge: Accordingly, Gabriel has not just on 1 and 18 December last year with the Chefs of Edeka and Tengelmann, Markus Mosa and Karl-Erivan Haub, taken as the Minister had granted following a decision of the Higher Regional Court Dusseldorf.

competitor Rewe had before the OLG against the ministerial approval sued and get preliminary emergency procedure law. The court had already seen in these previously known talks a possible bias Gabriel and granted in March ministerial authorization conceded. Last week the court had, again harshly criticized after reviewing further Ministry files, Gabriel’s decision, in particular the non-logged conversations.

Gabriel’s behavior “opaque and unreliable”

For Dröge is clear: “Sigmar Gabriel tangled more and more in contradictions until he claims, there was no joint discussions with the heads of Edeka and Tengelmann is now clear:.. exactly these talks there was but they were not recorded. ” Gabriel’s behavior was “opaque and unreliable”, Gabriel breached its obligation to neutrality. “There are strong indications that he was self-conscious.”

The meeting with Edeka CEO Mosa and Verdi Chairman Bsirske is so explosive because unions need to approve the merger with own collective agreements. This is one of the conditions with which the Ministry had flanked permission. In November Bsirske had cosigned a letter, in which Verdi had clearly positioned in favor of Mitbieters Rewe and Edeka strong distrust and their promise uttered to get 16,000 jobs.

By accident of secret talks out

competitor Rewe had learned from conversations between Edeka, Tengelmann and Gabriel only by an accidental discovery: a single set in the comprehensive many thousands of pages papers that made be noisy the losing bidders. Sigmar Gabriel had always maintained since the decision of the OLG Dusseldorf, that there had been no secret talks, and announced that it will in turn ensure the release of files for transparency.

The Ministry appoints in the response to the inquiry by the fact that Rewe beginning of the year – even after learning of the addition to provisions for ministerial approval – opportunity had to take a stand. The Ministry of Economy acknowledges in its reply to the inquiry by the Green one further talks, which are not found in the otherwise meticulously kept files, which are also present WDR.

The ministerial approval

prohibited the Bundeskartellamt the merger of two companies, they can according to § 42 of the Act on Restraints of competition (GWB) within one month after the ban the Federal Ministry of Economics a so-called ministerial approval . apply This then has four months to decide. He can rely on the recommendation of the Monopolies Commission, but does not follow it.
are In the ministerial approval – as opposed to the Cartel Office, the only restraints checked – the potential macroeconomic benefits the focus of attention, especially the preservation or creation of employment.
competitors merger candidates can complain at the end against the ministerial approval

.

Sigmar Gabriel has thus in period in which his house considered the ministerial approval, met several times with former CSU politicians and lobbyists today Klemens Joos, a total of three times within a few months. Joos said to have made his agency EUTOP media reports strong for the merger of Edeka and Tengelmann. The discussions should have gone to different topics, according to the ministry. If it had gone to a merger of Edeka and Tengelmann, then have the minister Joos as all other organizations and politicians who would want to talk to him about it, refer to the current process.