Still is open, as a solution to the Tengelmann might look like. There is a precedent.
Stuttgart – The defeat of the Kaiser’s Tengelmann is for the time being, averted. An Ultimatum for an agreement, the Tengelmann boss Karl-Erivan Haub, until Friday, had made, was already on the eve of up to 17. October extended. The Parties stated that they had “agreed on the goal that the Minister for permission to be implemented after the withdrawal of the pending complaints”. Until the expiration of the new deadline, an amicable solution should be found. In addition, it was agreed that confidentiality be maintained. Many questions remain open:
What is the re-deferral for the employees?
especially the approximately 4000 Tengelmann employees in North Rhine-Westphalia may again hope for the preservation of their jobs. Tengelmann-Chef Haub had announced to start there in the event of the failure of the talks immediately with the individual recovery of its markets. Since the shops in NRW to run poorly, not likely to be interested just in a queue.
How could some of the parties Involved?
If it is, you strive for an agreement on the Basis of the Ministerial approval, means the first, that Edeka, as originally the entire Tengelmann planned to take over the network. The three competitors, Rewe, Norma and Striking would have to withdraw their complaint against the special permit. To do this, you could move Edeka, in the view of Daniel Zimmer, the former head of the monopolies Commission, either with money or the disposal of Treasury markets. “However, this could be difficult because of the Edeka-Verbund consists of mostly independent retailers,” says Zimmer, a Professor of law with a focus on antitrust and competition law at the University of Bonn.
A second possibility is the allocation of the Tengelmann branch network. The applicant’s competitors could be involved with more or less large store packages in the three Tengelmann sales regions North Rhine-Westphalia, Berlin and Bavaria on the Deal. Also this way have a hook: “The Minister’s permission, had made a complete Acquisition and preservation of all workplaces to condition by Edeka, would then be obsolete,” says room. The cartel office would have to examine the case from the front. However, it is not uncommon that preliminary discussions with the authority, if concerns exist.
there Has been a similar agreement?
Yes. In the case of the Acquisition of Ruhrgas, the energy company Eon in the year 2002, the Participants agreed literally at the last Minute out of court. The business have, however, led to a “highly questionable concentration in the energy sector”, which is “the consumer” at the expense of, complains of the rooms.
In the case of a Tengelmann Takeover by Edeka, the 56-year-old competition expert expects in the affected regions, with similar consequences. “That would be the worst solution. That is why it has been prohibited by the German cartel office." The jobs will be in the medium term, by no means assured. “Edeka has close of all the possible candidates, the most of the Overlap and thus also the highest incentives in its branches.” Because of these concerns, the room was kicked in March, immediately after the granting of the Ministerial approval of his Post as head of the monopolies Commission.
there Are still other legal hurdles?
Where no plaintiff, there no judge. The three Edeka competitors, Rewe, Norma and Striking, and the goods taken in front of the higher regional court of Düsseldorf against the Ministerial approval, your complaints, it is important that all procedures are superseded, confirmed an OLG spokesman. The Same applies to the court raised doubts as to the independence of the economy Minister Sigmar Gabriel (SPD) during the Ministerial approval process. The Federal court wants 16. November to decide on the Edeka and the Federal Ministry for economic Affairs, brought a complaint against the rush decision of the higher regional court of Düsseldorf. Only a day later, the main procedure is to start at the higher regional court of Düsseldorf.
Could still come those interested in the train, who were not involved in the talks so far?
The competition expert in the room considers to be unlikely, but not excluded. Especially the German Federal cartel office could encourage more bidders, which had already expressed public interest, be involved. This applies in particular for smaller competitors, in which there is no competition, there were concerns. An example is the Swiss Migros group (Tegut).