DSSELDORF (dpa-AFX) – The Dsseldorfer Oberlandesgericht has confirmed the merger of the garbage giant Remondis with the Green Dot, which was prohibited by the cartel authorities. “The Senate has confirmed the decision of the Federal Cartel Office,” said a spokesman for the court after the decision was announced on Wednesday. Remondis’ complaint was unsuccessful.
Last year, the cartel office banned the Lond waste group Remondis from taking over the Klner company DSD – the company abbreviation stands for Dual System Germany – which holds the trademark rights at the green point. The reason was the fear that these could occupy a dominant position. Both companies are the market leaders in their fields. The Bundeskartellamt had feared that Remondis would have used the market power it had acquired through the purchase.
That this would be possible is due to the construction of the market: Dual systems are extremely important for the waste disposal industry in Germany. You get money for packaging recycling from industry and trade. They organize the collection, sorting and recycling of waste. For this purpose, among other things, they place orders for waste disposal.
Of the eight dual systems in Germany, of which DSD is one, only one in each area invites tenders for waste collection, sorting and recycling. If a garbage disposal is awarded the contract, it concludes contracts with all eight systems. In the event of a merger with the Green Dot, Remondis would have been able to greatly expand its already large market power.
The Lner garbage group had appealed to the Higher Regional Court in Dsseldorf against the decision of the cartel office. Because of the Corona crisis, the procedure was carried out without a hearing. With its decision, the court now agreed with the cartel authority. Although the court has not yet approved the further route, the decision is not yet final: Remondis could take action against this non-approval – and the Federal Court of Justice would then have to decide on this. The Green Dot did not want to comment on the decision, nor did Remondis initially comment on it.
The decision is a relief for municipal competitors. The vice president of the Association of Municipal Enterprises, Patrick Hasenkamp, welcomed the decision of the court and said: “Had the two market giants Remondis and DSD merged, a new threshold of market power would have been exceeded. Parent companies and subsidiaries would have mutually tailored offers and thereby competitors can practically switch off. “/ swe / DP / eas
