The Bundeskartellamt is currently examining plans by Asklepios Kliniken Verwaltungsgesellschaft to acquire a 10.1% stake in Rhön-Klinikum AG. Due to Rhön's articles of association, the owner of 10% of the shares acquires the right to block decisions and thus influence competition. The project is therefore subject to merger control by the Bundeskartellamt. Today the authority informed the parties of its preliminary legal assessment of the project, in which it expressed competition concerns. The companies involved and third parties summoned to the proceedings now have the possibility to comment. The parties to the merger also still have the option to offer commitments. A final decision is expected by mid January 2013.

Andreas Mundt, President of the Bundeskartellamt: "The aim of merger control in the case of hospitals is to maintain competitive structures for the benefit of the patient. As there is no price competition in this state-influenced sector, a certain amount of choice has to be guaranteed for the patient, which in turn induces hospitals to maintain their high quality. After the Helios clinics, which are part of the Fresenius group and Rhön-Klinikum AG, Asklepios is the third largest private hospital operator in Germany. The acquisition would de facto give Asklepios the opportunity to prevent competitive moves by its rival Rhön."

Significant overlaps of the two competitors exist above all on the market for acute hospitals in the Goslar area in the Harz region. Apart from the Asklepios' Harz clinic, there is no other hospital in this market area. Asklepios' nearest competitors are Rhön with its clinic in Salzgitter and the Herzberg am Harz hospital as well as Wolfenbüttel municipal clinic. In the Bundeskartellamt's preliminary assessment, Askleplios' planned participation in Rhön would strengthen its dominant position in the region.

With the merger it would gain blocking rights over its competitor which would enable it to prevent competitive moves by Rhön in the regional hospital markets. This is also the declared aim of the project. As a result, Asklepios could secure its own position against its competitors in the Goslar market. Firstly this concerns Rhön's plans to launch an integral offer of medical treatment in the regional hospital markets together with another private hospital operator, which would combine outpatient and inpatient care as well as rehabilitation services, and to complement these services nationwide with a medical insurance offer. Secondly, the competitive pressure exerted by Rhön as the second largest hospital services provider in the Goslar market on Asklepios would be eased because Asklepios could prevent Rhön from acquiring one of the municipal hospitals in the market.