Three publishers of advertising newspapers in Saxony fined for illegal agreements

08.12.2015

The Bundeskartellamt has imposed fines amounting to 12.44 million euros on three publishers of advertising newspapers and persons responsible in the Dresden and Chemnitz region. The companies are accused of having concluded illegal agreements on the closure of advertising newspapers which competed with one another.

The companies involved are: Chemnitzer Verlag und Druck GmbH & Co. KG, Chemnitz, WM Beteiligungs- und Verwaltungs-GmbH & Co. KG, Monschau, and Dresdner Druck & Verlagshaus GmbH & Co. KG, Dresden. Chemnitzer Verlag und Druck GmbH & Co. KG is a subsidiary of Medien Union GmbH, Ludwigshafen. Dresdner Druck & Verlagshaus GmbH & Co. KG is majority-owned by Gruner + Jahr GmbH & Co KG, Hamburg.
The companies agreed that the publication of the advertising newspaper "WochenSpiegel Sachsen", published in the Chemnitz region by Dresdner Druck & Verlagshaus GmbH & Co. KG and WM Beteiligungs- und Verwaltungs-GmbH & Co. KG, was to be discontinued. This advertising newspaper competed with the advertising newspaper "Blick" published by Chemnitzer Verlag und Druck GmbH & Co. KG. In return Chemnitzer Verlag und Druck GmbH & Co. KG agreed to close down its advertising newspaper "Sächsischer Bote", published in Dresden, in favour of the advertising newspapers published there by WM Beteiligungs- und Verwaltungs-GmbH & Co. KG ("Wochenkurier") and Dresdner Druck & Verlagshaus GmbH & Co. KG ("DaWo" and "FreitagsSZ").

Andreas Mundt, President of the Bundeskartellamt: "The publishers were aware that the coordinated closure of the advertising newspapers as a so-called "buying-off" of competition is prohibited under competition law. By closing one competing advertising newspaper in each region the publishers divided the circulation areas of Dresden and Chemnitz among themselves. In this way the companies wanted to avoid the competitive pressure which had previously existed among them."

The agreement was concluded during a meeting at Leipzig Airport in April 2013 and during later contact. The Bundeskartellamt's investigations were triggered by a tip-off from the market. In June 2015 the Bundeskartellamt carried out dawn raids at locations of the three companies.
All the companies concerned and the individuals responsible agreed to have the proceedings terminated by settlement. The three companies cooperated with the Bundeskartellamt in clarifying the facts of the case and were granted a reduction of their fines. The fining decisions are not yet final and can be appealed to the Düsseldorf Higher Regional Court.



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