At the beginning of 2012, the Schlecker insolvency cost many thousands of people their jobs. Ten years later, those affected and other creditors are still waiting for money. Could this come from antitrust lawsuits?
The Schlecker insolvency proceedings continue to drag on – at the same time there is hope for the creditors that there will be more money to distribute in the end.
The cartel senate of the Federal Court of Justice (BGH) is of the opinion that the Frankfurt Higher Regional Court (OLG) prematurely dismissed a multi-million-euro claim for damages brought by the insolvency administrator of the former drugstore chain. This could mean that everything there has to be negotiated again. The BGH judges want to announce their verdict on October 25, as they announced after almost four hours of negotiations on Tuesday in Karlsruhe.
It’s about 212 million euros in damages
The claims are directed against a number of large drugstore manufacturers. The Bundeskartellamt had imposed fines on the companies because they exchanged information in a joint working group between 2004 and 2006. It was about intended price increases or the status of negotiations with individual retail chains. Insolvency administrator Arndt Geiwitz believes that Schlecker therefore had to pay excessive prices in purchasing. He wants around 212 million euros in damages.
His lawsuit was unsuccessful in the first two instances. The Higher Regional Court had considered it unlikely that Schlecker could have suffered damage as a result of the exchange of information. The Cartel Senate of the BGH considers this assessment to be incorrect after initial consultations. Damage cannot be ruled out, said Chairman Wolfgang Kirchhoff. It is sufficient that the exchange was capable of affecting prices.
The lawyers for the affected manufacturers argued that it had not been proven that the companies actually had an advantage because of the information exchanged. Geiwitz’ rep said it’s like poker – if everyone lets everyone look at each other’s cards, it must have an impact somehow.
Other Compensation Lawsuits
Schlecker, once the largest drugstore chain in Europe based in Ehingen in Baden-Württemberg, filed for bankruptcy in January 2012. Many thousands of employees – mostly women – lost their jobs. Should Geiwitz actually succeed in suing for damages because of the drugstore cartel, the money could primarily benefit them, the Federal Employment Agency and the social security funds. It is about open claims to a maximum of three months’ continued payment of wages in the event of termination.
The lawsuit against the drugstore manufacturer is the largest of several antitrust lawsuits filed by Geiwitz. According to his spokesman, three more claims for damages are still pending, each in the first instance. The Stuttgart district court is about detergent and coffee, and the Mannheim district court is about sugar. A fifth dispute with confectionery manufacturers was settled out of court.
Source: Stern
Jane Stock is a technology author, who has written for 24 Hours World. She writes about the latest in technology news and trends, and is always on the lookout for new and innovative ways to improve his audience’s experience.
