Rethmann-Interseroh merger stopped

23.01.2001

Rethmann AG & Co., Selm, has withdrawn the notification of its intention to acquire a majority holding in Interseroh AG, Cologne. In addition, it will reduce its current shareholding in Interseroh AG to a maximum of 15 per cent.

Last year, the Bundeskartellamt issued a statement of objections concerning both the notified merger and also the minority participation already existing on account of the resulting considerable influence of Rethmann AG & Co. on Interseroh AG.

The President of the Bundeskartellamt, Dr. Ulf Böge, welcomed the fact that in withdrawing it notification, Rethmann AG & Co. had taken account of the authority's major competition concerns. Interseroh AG already had a dominant position in the market for commercial waste disposal throughout Germany (e.g. return system for transport packaging and the complete disposal of undertakings' waste, with a wide branch network). Through a merger with Rethmann AG & Co., one of Interseroh's largest competitors in this sector, its dominant position would have been considerably reinforced. They would have had a joint market share of more than 50 per cent. If the company had not withdrawn its notification itself, the Bundeskartellamt would have had to serve a prohibition order as already announced.

The Bundeskartellamt will be similarly critical of major shareholdings by any other waste disposal companies in Interseroh AG and take measures to prevent them if necessary. In parallel proceedings, the Bundeskartellamt is therefore also taking measures against RWE's existing interlinking with Interseroh AG, which is considerable from the point of view of competition. The Bundeskartellamt will therefore press RWE AG to give up its existing minority shareholding in Interseroh AG to the same extent as Rethmann AG & Co. and to give up its existing seat on the Interseroh's supervisory board.

 

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