The probability is increased dramatically, that the proposed acquisition of the supermarket chain Kaiser’s by Edeka fails. The Higher Regional Court (OLG) Dusseldorf stopped the projects now being. The grounds are spectacular: The Cartel Division of the Court of Appeal raises Economics Minister Sigmar Gabriel of having Edeka and Tengelmann Kaiser’s preference.
The Bundeskartellamt had the largest German supermarket chain Edeka prohibited the merger with the much smaller rivals. Gabriel had then given the green light under certain conditions for the controversial merger in March and thus undermined the veto of the competition watchdog. Against the ministerial approval, among other Edeka competitor Rewe had complained before the Düsseldorf court.
Gabriel did “in the decisive phase of the approval procedure secret talks” conducted with Edeka and Kaiser’s Tengelmann and thus violated conditions for a transparent, objective and fair method , now a judiciary spokesman said. The required uniform involvement of all stakeholders was not done.
“Gabriel had gambled every confidence”
The Ministry dismissed the allegations, there were secret talks have been conducted. On November 16, have, as required in such a process, a public hearing for ministerial approval occurred, “all have participated, of course involved in the process” at the. Gabriel did on 1 and 18 December 2015 also “also interviews with applicants out”. This is “in such processes customary possible and permissible.”
the reasons for the judge is a slap in the face for the SPD chairman and vice-chancellor, which is expected to hurt him politically. Gabriel had asked the rescue of still about 15,000 jobs at Kaiser’s at the center of its reasoning. The court now accuses him but lack of neutrality and serious technical mistakes before that make permission expected to be unlawful.
If the finding of fact by the Oberlandesgericht agree that ministerial approval would “just brazen,” said the competition policy of the Green Party, Katharina Dröge: “Gabriel had every confidence playful to issue, in future ministerial approval, “said Dröge opposite the” world “. They called for a veto of the Bundestag in future ministerial approval process.
Similar demands came from the Union. “Be the instrument of ministerial permission must urgently revised,” said Joachim Pfeiffer, the wirtschaftspoltische spokesman. For Gabriel, the decision was a “worst-case scenario,” said Pfeiffer. “Worse gehts never.”
“Different ways, but not sympathetic”
In Kaiser’s be pricked able to by the vote of the judges. The supervisory board of Kaiser’s Tengelmann will hold a special meeting on Wednesday. Tengelmann-owner Karl-Erivan Haub had scheduled last week, probably already in the look at today’s court announcement. Haub hinted that further delays in the transfer of the loss Kaiser’s branch network to bankruptcy or closure of the chain could result.
Even now leads the 21-month impasse since the signing of the contract with Edeka to disintegration. The number of employees has already dropped by 1000, the number of branches fell by 20 to around 430. If there are any further delays, he sees “different ways, but not sympathetic,” Haub said. Perhaps he responded immediately after the board meeting. First, the company itself did not take place.
Formal issued the court in summary proceedings only a preliminary decision, which is not yet final. . Often reflect decisions in summary proceedings but the opinion of the judges resist and provide a strong indication is for the judgment on the merits Edekas rival Rewe, a fierce opponent of the merger plan, triumphed immediately after its promulgation in Dusseldorf already: “In view of the cited by the OLG Dusseldorf decision reasons, we expect that the final decision on the merits will be no, because do not change the facts. “
no complaint before the Federal
Rewe CEO Alain Caparros had recently again underlined the willingness on his part to assume Kaiser’s. However, the Cologne chain with the project is likely to similar antitrust encounter problems such as Edeka. Together with the discounters Lidl and Aldi dominate the two major food retailer to a study by the Federal Cartel Office, 85 percent of the market. Even with the intention to take over the operations of the cooperative chain Coop with 200 Sky supermarkets and other shops, Caparros met with resistance at Cartel boss Andres Mundt. “We will Rewe / Coop tested according to the same standards as Edeka / Tengelmann” he said recently in Bonn.
The OLG Dusseldorf had not had any complaints before going to federal court. Edeka and Tengelmann could appeal the refusal of authorization for its part, however, it is questionable after the statements of Haub whether the Kaiser’s owner will further delay in purchase or the emergency brake pulls.
Edeka said they would now consider the legal options existed. “In the interests of employees of Kaiser’s Tengelmann, we would have a different decision required,” it said in a statement. Edeka had in turn inserted in a second process complaint against a prohibition order by which the Bundeskartellamt had the merger initially tilted. But time could be used for this procedure are too short.
merger conditionally permitted
Gabriel ministerial approval was controversial from the beginning. In mid-April, the then head of the Monopolies Commission, Daniel Zimmer, resigned in protest against the ministerial approval. They appear “under public welfare point of view than the worst possible solution”, the jurist had then criticized. You pity the competition and thus in the long term employment in the retail sector .
By the public interest – specifically the conservation still around 15,000 jobs at Emperor’s – had economy Minister Gabriel on the other hand the reasons for its special permit. Opposite the “World” spoke Rooms time of a “clear mistake”.
Gabriel had permitted the merger subject to conditions against the vote of the Monopolies Commission. So Edeka allowed the Kaiser’s stores for five years does not pass on to independent Edeka merchants and as long Pronounce no redundancies. Negotiations on the implementation of these conditions with the unions but have not done in the four months since the permission to any result – one of the reasons for Haubs growing impatience.
Following the provisional decision of the OLG Dusseldorf Circulations but not decisive because Gabriel said to have been caught from the outset.
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