The Bundeskartellamt has approved plans by Asklepios Kliniken Verwaltungsgesellschaft to acquire a 10.1% stake in Rhön-Klinikum AG, subject to a condition precedent. In the Goslar region the project would have strengthened Asklepios’ dominant position. Asklepios therefore has to sell the Harzklinik (Dr.Herbert-Nieper-Krankenhaus) which it operates there and the Medizinische Versorgungszentrum ("MVZ Harz") (medical care centre) to an independent hospital operator.

Andreas Mundt, President of the Bundeskartellamt: "Hospital markets are primarily regional markets. We have to make sure that patients have a certain choice between several hospital operators in order to maintain the competition in quality between the hospitals. The project was found to strengthen a dominant position only in the Goslar region, which was prevented by Asklepios' offer to divest".

In Germany the Asklepios group operates 56 acute care hospitals, 15 rehabilitation clinics and 14 nursing centres as well as doctors centres and medical care centres. 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. With a market share of more than 60 per cent, Asklepios is dominant on the hospital market in Goslar. The market shares of rival hospitals, even the large clinics in the wider area, are significantly lower. On the basis of its investigations, the Bundeskartellamt has come to the conclusion that the planned minority share in Rhön would have strengthened Asklepios' dominant position on the market for in-patient hospital treatment in Goslar.

Under Rhön's articles of association, the owner of 10% of the shares acquires a similar right to block decisions as an owner of 25% of the shares under the Stock Corporation Act. With the merger Asklepios would gain a blocking minority right and could thus prevent competitive moves by Rhön in the regional hospital markets. As a result, Asklepios could secure its position against its competitors in the Goslar market. This would affect on the one hand Rhön's plans to acquire one of the municipal hospitals in Goslar. On the other hand, this could thwart plans by Rhön to launch together with another private hospital operator an integral offer of medical treatment in the regional hospital markets which would combine outpatient and inpatient care as well as rehabilitation services, and to have these services complemented nationwide with a supplementary private medical insurance offer. This project was already scheduled for implementation with Fresenius/Helios in 2012. However, it failed because Fresenius did not manage to acquire more than 90% of the shares in Rhön in a public take over bid.

In view of the Bundeskartellamt's competition concerns, Asklepios had offered to sell the Harzklinik in Goslar and MVZ Harz before acquiring the shares in Rhön. This opens up the opportunity for another company to operate the hospitals as a competitor of Asklepios. In order to safeguard the existing competitive potential and economic viability of the hospital in Goslar during the interim period until the sale, a hold separate manager will be appointed to monitor the actions of the previous management. In addition, a security trustee will ensure that the areas of business are separated and the sale is implemented.

Even though the blocking rights which Asklepios gains from its participation in Rhön enable it to reduce competition between Asklepios and Rhön on other regional markets, the minority participation does not fulfil the criteria for prohibiting the project. Other than in the case of a majority holding, Rhön will continue to remain a competitor of Asklepios even after the planned merger, albeit with a limited scope of action due to the blocking rights.