Yesterday the Bundeskartellamt concluded the first part of its extensive cartel proceedings against the chemical wholesale sector. Fines totalling € 15.11 million were imposed on twelve companies on account of anti-competitive agreements. Over several years (in some cases several decades) representatives of these companies had agreed prices and supply quotas for standardised industrial chemicals (so-called commodities) and concluded customer protection agreements. The cartels only covered the chemical wholesalers' distribution business. Direct supplies from chemical producers were not affected.
The President of the Bundeskartellamt, Andreas Mundt, stated: "Until our search in 2007, the German chemical wholesale sector had for decades been characterised by a highly branched network of regional cartels. Now that these practices have been uncovered, the positive effects of competition will be able to unfold again."
The fines imposed concern a total of six different regional cartels. With the orders imposing the fines the Bundeskartellamt has concluded the first part of its overall proceedings; however, investigations continue against 16 further companies, some of which are located in regions which so far have not been investigated.
The following companies have received an administrative order imposing a fine:
- BÜFA Chemikalien GmbH & Co. KG, Oldenburg,
- CG Chemikalien GmbH & Co. KG, Laatzen,
- Hanke & Seidel GmbH & Co. KG, Steinhagen,
- Reher & Ramsden Nachflg. (GmbH & Co.), Hamburg,
- Solvadis GmbH, Frankfurt am Main,
- Stockmeier Chemie GmbH & Co. KG, Bielefeld,
- Stockmeier Chemie Dillenburg GmbH & Co. KG, Dillenburg,
- Stockmeier Chemie Eilenburg GmbH & Co. KG, Eilenburg,
- Julius Hoesch GmbH & Co. KG, Düren,
- H. Möller GmbH & Co. KG, Steinfurt,
- Gebr. Overlack Chemische Fabrik GmbH, Mönchengladbach,
- Overlack GmbH, Leipzig.
The proceedings had been initiated in late 2006 following an application for leniency filed by Brenntag AG, Mülheim/Ruhr. No fine was imposed on this company in accordance with the Bundeskartellamt's Leniency Programme.
In the course of the proceedings, all the other companies mentioned above agreed to cooperate fully with the Bundeskartellamt. This was taken into account in the setting of the fines.
The orders imposing the fines are not yet final and can be appealed against before the Düsseldorf Higher Regional Court. However, all the companies concerned have agreed to have the proceedings terminated by settlement. 