Sunday, August 7, 2016

Edeka-Tengelmann fusion – Gabriel puts legal complaint – Süddeutsche.de

The Federal Economics Minister takes legal action against the decision of the Higher Regional Court Dusseldorf for merger of Germany’s largest grocer and its competitors.



Federal Minister Sigmar Gabriel defends itself legally against the stop the merger of the supermarket chain Edeka with the smaller competitors Kaiser’s Tengelmann by the Düsseldorf Higher Regional court. “We are (…) now go this week in the leave to appeal before the Federal Court”, the SPD party chairman said on Sunday in the ARD summer interview. “We think so, that we have good arguments.” This had been already the retail chain Edeka announced.

Gabriel had Germany’s biggest grocer Edeka permits in March under strict conditions, the acquisition of approximately 450 Kaiser’s Tengelmann branches by ministerial approval. He sat thus banning the Bundeskartellamt suspended.

The Oberlandesgericht Dusseldorf had Exemption Gabriel in July stopped as unlawful and allowed no appeal against it. Thus the Minister and Edeka now have to address the complaint to the weir, over which the Federal Court decides by resolution.

The Dusseldorf judge criticized, Gabriel had led secret talks at the crucial stage of the process with Edeka and Tengelmann. This gives the impression of bias could have arisen – Gabriel rejects this decision. The accusation had surprised him, Gabriel said Sunday. With 16 000 jobs are acutely in danger of 8000th “These are vendors that are packer, which are warehouse workers, forklift drivers, people who do not earn much money and do not have it anyway just”.

It was a “ridiculous idea” that an economic ministers have to orient only on competition and not to social security, also there after the merger still enough competition. “I did not come into politics to watch how people will done something,” said Gabriel. Market economy is important, but Germany have opted for a social market economy. Therefore, he considered his ministerial approval for the takeover further right and also assume that he would prevail so. Moreover, it was sure to have formally made a mistake.

The Verdi union has negotiated a collective agreement for the embattled takeover already in Berlin, Brandenburg, Bavaria and North Rhine-Westphalia. He should provide job security in the next five years, if the takeover still comes. Redundancies would be excluded for the time – that was one of the conditions for Gabriels his ministerial approval. Negotiations for only one stock in Rhineland-Palatinate and some smaller companies. If we manage the acquisition but, the biggest hurdle would be with the agreement between Verdi and Edeka already taken.

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