Legal dispute - "Confectionery cartel": manufacturers must pay fines
The protracted legal dispute surrounding a cartel of confectionery manufacturers is as good as over. The Düsseldorf Higher Regional Court announced a verdict on Tuesday, according to which Bahlsen must pay around 3.56 million euros for exchanging information in violation of antitrust law. Griesson de Beukelaer has to pay 2.25 million and CFP Brands 0.45 million. Originally, higher fines were planned, but the companies had reached an agreement with the court before the ruling.
This involved the companies exchanging information on the status of negotiations with food retailers within the framework of an industry working group between 2006 and 2008.
In 2013, the Federal Cartel Office imposed fines on a total of eleven confectionery manufacturers for various reasons. Some companies lodged an appeal at the time, after which the dispute went to court over several instances. A judgment has now been handed down against the last three companies concerned (case number V-6 Kart 9/19 OWi). The judgment is not yet legally binding. However, in view of the preliminary agreement between the parties, it is not very likely that an appeal will be lodged.
A spokeswoman for Bahlsen emphasized that the accusations of alleged price fixing had been dropped. "The reason for the fine that has now been imposed is rather the exchange of information within the confectionery industry, which mainly served to protect against predominantly unlawful special demands by the food retail trade."
Judgment of the OLG Düsseldorf
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- Despite the concluded legal dispute, the impact of the 'Confectionery cartel' on the competition in the German food industry, particularly in North Rhine-Westphalia, remains a topic of contention among stakeholders.
- The fine imposed on Bahlsen and other confectionery manufacturers by the Higher Regional Court of Düsseldorf serves as a reminder of the severe consequences of violating antitrust laws in Germany's food industry.
- The exchange of information between competitors, as was found to have occurred in this particular case, can result in fines even if it does not directly lead to price fixing, as emphasized by Bahlsen Company spokeswoman.
- With this ruling, Germany's Federal Cartel Office hopes to set a precedent in dealing with such antitrust violations within the food industry, promoting fair competition and protecting consumer interests.
- This case highlights the complex nature of legal disputes surrounding antitrust violations, ensuring that companies adhere to stringent regulations while ensuring fair practices within the food industry, particularly in Düsseldorf, North Rhine-Westphalia.
- This legal dispute underlines the importance of careful compliance with antitrust laws, as companies in the food industry can be subject to severe fines, as demonstrated by Bahlsen, Griesson de Beukelaer, and CFP Brands in this ongoing case.
Source: www.stern.de
