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Protesting employees of Kaiser's Tengelmann in Viersen fought to keep their jobs in 2016
Photo: Ina Fassbender / dpa
It is an instrument that is as powerful as it is controversial: the ministerial permit. The Federal Minister of Economics can, by law, override the decision of the antitrust authorities when a merger is prohibited. It has only had this option since 1973, and it has hardly been used a dozen times so far, most likely through the then Economics Minister Sigmar Gabriel (SPD) with the most public appeal. In 2016, this enabled the retail company Tengelmann to be taken over by competitors Edeka and Rewe.
But now this possibility should come to an end. According to information from negotiating circles, the working group of the SPD, Greens and FDP agreed at the coalition negotiations to abolish the ministerial permit. The negotiators of the FDP and the Greens are said to have been surprised that the SPD is participating in this plan. Behind closed doors, there is speculation among the Greens and Liberals that it could have been a late revenge of the SPD chancellor candidate Olaf Scholz on his party rival Gabriel.
Gabriel's decision at the time was followed by a legal battle.
Other ministerial approvals were a long time ago.
In 2002, for example, the merger between E.on and Ruhrgas was approved.
In the case of ministerial approval, the ministry must give valid reasons for disregarding the merger prohibition of the Cartel Office, which can prohibit a merger of companies if this would result in a dominant position.
One reason is that the merger may serve the common good or it may outweigh strategic interests.
gt / csc