On October 5, 2010, the Federal Court of Justice upheld the Düsseldorf Court of Appeals’ rejection of an appeal against the conditions of a merger clearance decision brought by the merging parties (EDEKA/Plus, KVR 33/09). The Court of Appeals considered the action as inadmissible, because the parties had already implemented the merger and thus lacked…

On June 10, 2010, the Düsseldorf Court of Appeals issued a decision that increased the hurdles for obtaining access to essential facilities in Germany in practice (see WuW/DE-R 2941 et seq.). The case concerns interim proceedings against a FCO decision. The FCO had found that Scandlines, the owner and operator of the ferry port Puttgarden,…

The FCO issued three cartel decisions in June 2010: it imposed a (second) fine on coffee roasters on June 9 (€ 30 million), on manufacturers of ophthalmic lenses on June 10 (€ 115 million), and on a manufacturer of cable fillings on June 24 (€0.4 million). All of these decisions involved settlements (and the ophthalmic…

On April 20, 2010, the German Federal Court of Justice quashed the Düsseldorf Court of Appeal’s decision in Phonak/GN, which upheld the FCO’s merger prohibition of the acquisition of GN ReSound by Phonak, both active in hearing aids in Germany. The merger would have combined number two and four in the market, with aggregated market…