slap Federal Minister Gabriel: the Higher Regional court Dusseldorf has stopped the ministerial approval for the acquisition of supermarket chain Tengelmann by Edeka provisionally. The First Cartel Division assessed the Exemption of Federal Minister Sigmar Gabriel (SPD) on Tuesday in a preliminary examination in the emergency procedure as unlawful.
According to experts, may be increased by delay the prohibition imposed on the proposed merger to years. Thus the plans threatens possibly the Off
According to the judge Gabriel would not be allowed to decide on the granting of permission -. He had caught up in the process and not remain neutral. The Minister’s Tengelmann have conducted secret talks at the crucial stage of the approval procedure with Edeka and Emperor, the Senate stressed. it had Twice given in December 2015 “Six-on-one meetings” between Gabriel, the Edeka CEO Markus Mosa and the Kaiser’s Tengelmann owner Karl-Erivan Haub.
Court doubted Gabriel’s arguments
in addition, the preservation of workers’ rights at Kaiser’s Tengelmann stelle no so-called welfare concern is capable of justifying the ministerial approval, criticized the judge. Even Gabriel’s argument that the provision was ensured by about 16,000 jobs through its specifications, met with the judges to doubt. Thus the ministerial approval does not indicate whether the possibility of a merger-related job cuts at Edeka had been incorporated into the decision.
The decision of the Higher Regional Court is however not yet final. Although the Senate did not allow appeal to the Federal Court. But the parties remains the possibility of leave to appeal.
Rewe welcomes the judgment
The competitor Rewe welcomed the decision. Edeka and Kaiser’s Tengelmann had set at the merger from the start on a path of confrontation with competition watchdogs and unions and want to force a ministerial permit. “The fact that this dubious in the form and content of ministerial approval now can not be completed, is a logical consequence of this Brachial strategy,” said a Rewe spokesman.
Gabriel had Germany’s biggest grocer Edeka in March green under massive pads light for given the controversial merger. Edeka had in return to receive nearly 16,000 jobs at Kaiser’s Tengelmann guarantee for at least seven years.
With its special permit Gabriel levered banning the Bundeskartellamt from. The competition authorities feared that further restricted could be the merger of the competition in the German food trade. Edeka, Rewe, the Schwarz Group (Lidl, Kaufland) and Aldi collectively dominate 85 percent of the market
In the video. These companies have enriched themselves at the consumers
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