The Bundeskartellamt has prohibited the takeover of trans-o-flex Schnell-Lieferdienst GmbH, Weinheim (tof) by Deutsche Post AG (DP AG). The merger would give rise to a position of dominance by DP AG on the market for business customer parcel services or consolidate its existing position of dominance on the market for B2C standard parcel services (“mail-order parcels”).

The ban covers both DP AG’s acquisition of a 24.8 % stake in the company in July 1997 and the planned increase of its share to 100 % of the company shares notified in July 2001. In September 2001, at the request of the companies concerned, the Bundeskartellamt lifted the ban on putting into effect the planned increase in shares subject to strict obligations. However this decision did not constitute an anticipated clearance of the merger.

The President of the Bundeskartellamt, Dr Böge, stated: Under competition law the DP AG has to part with its stake in the company. Tof’s existence will not be endangered even during any subsequent lengthy legal dispute since it was exempted from the ban on putting DP AG’s planned increase of shares into effect.