The Bundeskartellamt has imposed fines totalling approx. 195,000 € on account of illegal territorial agreements concerning liquefied gas on the companies BHG Agrarhandelsgesellschaft mbH & Co. KG (BHG), H&H Flüssiggas GmbH (H&H), OSTSEE und MV GAS Flüssiggasvertrieb GmbH (Ostseegas) and Top Gas Flüssiggas Handel GmbH (Top Gas). The territorial agreements covered a period between November 2006 and July 2016.

The proceedings were initiated following a leniency application filed by Dr. Ulrich Fuchs GmbH & Co. KG (Fuchsgas) in April 2016; the company was therefore granted immunity from fines. The liquefied gas supplier has been a subsidiary of Propan Rheingas GmbH & Co. KG since March 2016.

Andreas Mundt, President of the Bundeskartellamt: “It is clear that territorial agreements are cartel agreements. Nevertheless, very moderate fines have been imposed in this case as the effects on the German market for liquefied gas have been insignificant due to the very small market shares of the companies involved. The Bundeskartellamt has therefore refrained from imposing a fine on individuals involved, i.e. individual managers of the companies.”

The fines have been calculated according to the seriousness and duration of the infringement. Under the German Competition Act (Gesetz gegen Wettbewerbsbeschränkungen, GWB), the maximum fine is limited to 10 percent of a company's total turnover. Another significant aspect in the calculation of the fine is the so-called cartel-related turnover, i.e. the turnover achieved with the products that were the subject of the cartel agreement.

The companies BHG and Ostseegas have agreed to a settlement. The two decisions imposing fines on the companies are already final. The fines imposed on H&H and Topgas have not yet become final. These decisions can be appealed to the Düsseldorf Higher Regional Court.