Federal Cartel Office’s Merger Control Clearance For Spreewaldhof in Phase II

Luther represented the shareholders of Spreewaldkonserve Golßen. Hengeler Mueller advised Andros Germany.

The Federal Cartel Office has cleared the acquisition of the fruit and vegetable processor “Spreewaldkonserve” Golßen GmbH (“Spreewaldhof”) by Andros & Cie SAS (“Andros”) in the main examination procedure without conditions or obligations.

After initially being inclined to prohibit the proposed merger, the Federal Cartel Office was finally convinced that the transaction could be cleared in the course of a complex main examination procedure (“Phase II”) after its own intensive market analysis and continuous legal persuasion work.

The Federal Cartel Office thus follows the parties’ argumentation that the merger will not hinder competition in the affected market for canned fruit in any way, irrespective of market shares. Key considerations included the fact that the companies continue to operate in a competitive market with very high buying power from food retailers and that there are a large number of other competitors with high production capacities in order to be able to serve customers (at short notice).

The German subsidiary of the French food group Andros takes over the fruit and vegetable processor Spreewaldkonserve Golßen. The company is particularly known for its traditional brand “Spreewaldhof” and the Spreewald gherkins. Through the sale, the company wants to secure the long-term existence of the production sites in Golßen, Schöneiche and in Szigetvár, Hungary.

The merger control clearance means that the transaction can now be completed and the continued existence of the Spreewaldhof Group as the newest member of the Andros family can be secured.

The Luther team was led by Dr. Christian Horn (Picture) and also included Roland Schiller (Associate), Dieter Engel (Associate) and : Dr Sebastian Janka (Partner).

The Hengeler Mueller team included Dr Markus Röhrig (Partner), Dr Anja Balitzki (Senior Associate), and Sara Jungewelter (both Düsseldorf) (all antitrust)

Involved fees earner: Anja Balitzki – Hengeler Mueller; Sara Jungewelter – Hengeler Mueller; Markus Röhrig – Hengeler Mueller; Dieter Engel – Luther Rechtsanwaltsgesellschaft mbH; Sebastian Felix Janka – Luther Rechtsanwaltsgesellschaft mbH; Christian Horn – Luther Rechtsanwaltsgesellschaft mbH; Roland Schiller – Luther Rechtsanwaltsgesellschaft mbH;

Law Firms: Hengeler Mueller; Luther Rechtsanwaltsgesellschaft mbH;

Clients: Andros Deutschland GmbH; Obst-und Gemüseverarbeitung Spreewaldkonserve Golßen GmbH;

Federica Tiefenthaler

Author: Federica Tiefenthaler