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Düsseldorf Higher Regional Court confirms prohibition of EDEKA/Kaiser's Tengelmann merger

Date of issue: 24.08.2017

The Düsseldorf Higher Regional Court rejected appeals filed by EDEKA and Kaiser´s Tengelmann against the Bundeskartellamt's prohibition of the merger between the super market chains.


The Bundeskartellamt's prohibition decision had become moot after the Economics Minister allowed the merger, subject to conditions, on the public interest grounds of "job preservation and job security" as well as "maintenance of workers' rights" and after the parties had implemented the acquisition of the Kaiser's und Tengelmann outlets. However, both EDEKA and Kaiser's Tengelmann had maintained their appeals in order to have the authority's prohibition decision declared illegal.

Press Release