Press release Press Office Kaiser-Friedrich-Str. 16 53113 Bonn
Tel .: 0228 / 9499-215 / 214 Fax: 0228 / 9499-143 www.bundeskartellamt.de
3 May 2018 Bundeskartellamt / antitrust prosecution
The Bundeskartellamt has imposed fines on two potato and onion packers totaling EUR 13.2 million for price collusion on supply to the Metro group (distribution channels Cash & Carry and Real). The companies concerned are Hans-Willi Böhmer Verpackung und Vertrieb GmbH & Co. KG (hereinafter referred to as "Böhmer"), Mönchengladbach, and the Kartoffel-Kuhn GmbH (hereinafter referred to as "Kuhn"), Frankenthal. The case was initiated with an industry-wide search in May 2013 following a leniency application. Andreas Mundt, President of the Federal Cartel Office: "The companies involved have agreed for many years on an important parameter in the calculation of their weekly offers to the Metro Group. With the approximation of the purchase prices to be used in the calculation, the price competition between the two main suppliers of the Metro Group was virtually eliminated. "The packaging company consists mainly of the purchase of raw materials, the washing, sorting, packaging and partly also the storage (in cold stores) of the goods and finally the sale of the packaged table potatoes and onions, especially to the food retail trade. Böhmer is one of the two largest packaging plants for potatoes and onions in Germany by far. Kuhn, on the other hand, is only active in southwestern Germany. Böhmer and Kuhn are the two main suppliers of the Metro group for packaged potatoes and onions. 2 At least since the beginning of 2005 and until the initiation of proceedings on 7 May 2013, the responsible persons of the named companies contacted each other regularly by phone in advance of the weekly submission of pre-packaged potatoes and onions (regular procurement) to the Metro Group. They informed each other about their respective purchase prices for potatoes and onions (so-called "raw material prices") and agreed to a certain, uniform raw material price for both potatoes and onions of their own, internal calculation of the offer price compared to the Metro Group to be based on.In addition, there was an agreement between them to use the same or approximately the same values for the other cost items in the respective internal calculation of the offer price, whereby these values - in contrast to raw material prices - were basically constant. Proceedings against other packers for potatoes and onions on suspicion of price fixing for delivery to other food retailers have been discontinued on grounds of discretion. The conduct in question has now all been terminated after the search by the Bundeskartellamt. When setting the fine, it was taken into account that Kuhn cooperated extensively in clarifying the agreements with the Bundeskartellamt. The fines imposed are not yet final. Appeals may be lodged against the decisions, which would be decided by the OLG Dusseldorf. A case report with the contents of § 53 (5) GWB will be published shortly on the website of the Federal Cartel Office.
