On January 18, 2022, the German Federal Cartel Office published a press release of its review of two sustainability initiatives. Only a week later, on January 25, 2022, the FCO provided further guidance for the implementation of sustainability initiatives under competition law: It concluded that a proposed agreement in the milk sector to introduce surcharges for the benefit of milk producers was anticompetitive.
With the examination of two sustainability cooperations concerning living wages in the banana sector as well as the expansion of an animal welfare initiative, the German Federal Cartel Office (“FCO”) provided further guidance for the implementation of sustainability initiatives in the food retail industry.
Between January 18 and January 20, 2022, the German Federal Cartel Office (“FCO”) raided the German premises of four associations and several manufacturers of electrical cables and wires in relation to alleged coordination of industry-standard metal surcharges.
On January 19, 2022, the German Federal Cartel Office (“FCO”) launched a new sector inquiry into the waste management sector in preparation to order Rethmann SE & Co. KG (“Rethmann Group”) to notify future acquisitions of smaller waste management companies.[1]
On January 19, 2022, the German Federal Cartel Office (“FCO”) closed its proceedings on furniture retailer KHG GmbH & Co. KG’s (Krieger/Höffner Group, “KHG”) envisaged accession to the purchasing cooperation Bedarfsgüter Großhandelsgesellschaft für Wohnung GmbH (“Begros”) which it had initiated in early 2021. In the end, KHG and Begros were able to dispel the FCO’s concerns by offering substantial modifications to their initial plans.[1]
On January 17, 2022, the German Federal Cartel Office (“FCO”) published a case summary on its two consecutive in-depth-investigations of automotive supplier Dana Inc.’s (“Dana”)[1] proposed acquisition of (a portion of) Modine Manufacturing Company’s (“Modine”)[2] light-vehicle thermal business.[3] The parties first notified the acquisition in December 2020.
On January 13, 2022, the German Federal Cartel Office (“FCO”) prohibited ACO Ahlmann SE & Co. KG’s (“ACO”) acquisition of BIRCO GmbH (“BIRCO”).[1]
On December 28, 2021 and January 21, 2022, the German Federal Cartel Office (“FCO”) imposed fines totaling €7.3 million on Maurer SE (“Maurer”) and Mageba GmbH, Göttingen (“Mageba”) for bid rigging and market allocation.[1]
On December 22, 2021, the German Federal Cartel Office (“FCO”) published its annual review for 2021.[1] As done already on the occasion of the presentation of its Annual Report 2020/2021,[2] the FCO’s President, Andreas Mundt, emphasized again that the protection of competition in the digital economy remains one of the FCO’s top priorities. He underlined that also merger control will continue to serve as a key tool to achieve this goal. In addition, he pointed out that the FCO would welcome powers of intervention also with regard to infringements of consumer rights.