The Bundeskartellamt has prohibited Fuch Gewürze GmbH & Co., Dissen, (Fuchs) from unfairly hindering its competitor, Hartkorn Gewürzmühle GmbH, Koblenz, (Hartkorn).

Fuchs is Europe’s largest supplier of spices and the second largest spices specialist in the world. The company owns many spice brands, some of which are very well-known such as Fuchs, Ostmann, UBENA and Aso. In the German market for dried spices and herbs supplied in household-size packages, which is largely characterised by small and medium-sized companies, Fuchs holds a dominant position with a market share of about 75 per cent.

Fuchs concluded supply contracts containing exclusivity clauses with several independent food retailers.  At the same time Fuchs offered “contributions to advertising costs” under the condition that its competitor Hartkorn, an SME, is taken off the list or excluded from current negotiations.

The President of the Bundeskartellamt, Ulf Böge, stated: „The conduct of Fuchs Gruppe as dominant company was specifically aimed at abusively affecting the economic freedom of its competitor. The consumer will ultimately pay the bill.”

The company has lodged an appeal against the decision.