Suspicion of boycott of Landbell AG by DSD and waste management association confirmed

Upon request the President of the Bundeskartellamt, Ulf Böge, has stated that according to the latest stage of investigation the suspicion has been confirmed that “Der Grüne Punkt -  Duales System Deutschland AG” (The Green Dot - Dual System) (“DSD”) and the German Waste Management Association (BDE) have induced a boycott against Landbell AG, in order to prevent the creation of a further dual system in Hesse. Waste disposal companies operating on behalf of DSD in Hesse had also committed violations by agreeing, with the backing of DSD and BDE, not to offer their services to another dual system operator. The Bundeskartellamt accordingly informed the responsible representatives of the DSD, BDE and two waste disposal companies in its letter of 3 September 2002.  These have until the beginning of November to comment.

In October 2001 the Bundeskartellamt conducted a search of several companies and associations. In July 2002 several associations and companies were informed that they were suspected of inducing a boycott against “companies managing their own waste disposal”.

Should the companies and associations be unable to refute the accusation this would constitute a grave violation of competition law. Such an offence is punishable with a fine of up to 500,000 Euro and in excess of this up to three times the additional proceeds obtained as a result of the violation.