On January 17, 2019, the FCO prohibited the creation of a joint venture between Miba and Zollern in the market for the production of hydrodynamic plain bearings.[1] This particular type of bearings is needed for the production of large bore engines used, inter alia, in ships, locomotives and power generators.
Cellitinnen Nord Abandons Planned Acquisition of Cellitinnen SüD
The foundation Cellitinnen zur heiligen Maria (“Cellitinnen Nord”) already abandoned its plans to acquire the foundation Cellitinnen Süd on December
FCJ Raises Evidential Bar in Cartels Damage Claims
On December 11, 2018, the FCJ passed its long awaited judgment on the use of prima facie evidence in cartel damage proceedings.[1] In the context of damage claims resulting from the rail cartel, the FCJ found that plaintiffs can no longer rely on prima facie evidence alone to prove that a cartel caused them to suffer loss and damage. This marks a significant reversal of recent German case law.
DCA Confirms FCO’s Decision to Block CTS Eventim/Four Artists Merger
On December 5, 2018, the DCA rejected CTS Eventim’s appeal of the FCO’s 2017 decision prohibiting CTS Eventim’s acquisition of Four Artists.[1]
FCJ Quashed Fining Decision Against LPG Cartels
On October 9, 2018, the FCJ quashed the DCA decision that had increased the FCO’s fines on five members of the liquefied petroleum gas (“LPG”) cartel significantly.[1] The FCJ found that the DCA’s calculation of the fines was flawed and referred the case back to the DCA – providing guidance on how to assess the right basis for the fines.
DCA Finally Publishes Rossmann Judgment That Significantly Increased Fine for Vertical Price Fixing
On February 28, 2018, the DCA significantly increased the fine that the FCO had imposed on drug store chain Dirk Rossmann GmbH (“Rossmann”) nearly sixfold.[1] However, at the time, the DCA only issued a press release which left ample room for speculation about the precise reasoning behind the court’s decision to increase the fine. The DCA now published a non- confidential version of its judgment that provides further insights.