Die Ministererlaubnis für den Zusammenschluss von Unternehmen - ein Konflikt mit der Wettbewerbsordnung

Abstract

On 5. July 2002 State Secretary Dr. Alfred Tacke gave ministerial approval for the merger of E.ON and Ruhrgas. Previously both the German Cartel Office and the Monopoly Commission had voted against the fusion on the basis of feared restricted competition. According to paragraph 42 § of the GWB Law, the German Economics Ministry may revise the decision of the German Cartel Office, when in the individual case the restricted competition is balanced out by the overall economic advantages of the merger, or the fusion is justified by an overwhelming general interest.

In this article it will be examined, whether there is really a conflict between competition policy and general interest. In the first stage the demands of a ministerial approval are defined from a proper political perspective. In the second stage it is examined whether in the actual process the presented common welfare grounds were tenable. It turns out as a result that the ministerial approval represents a violation of the independence of competition control.