The BKartA has cleared a merger between two press distributors, Roth+Horsch Pressevertrieb GmbH & Co. KG, Weiterstadt ("Roth+Horsch") and Presse Vertrieb Pfalz GmbH & Co. KG, Frankenthal ("PV Pfalz"). Both parties are wholesalers of press products (including magazines, newspapers, etc.) and are responsible for their distribution in the areas of southern Hesse, Palatinate and in northern Baden-Württemberg.
In 2004, all independent wholesalers in the Pressegrosso system (i.e. those not connected to a publisher) and various press trade associations in Germany voluntarily signed a "unified declaration of intent". The main aim of the declaration is to ensure freedom of the press in the retail industry. To this end, the signatories are committed to ensure that a competitive range of press products remains available throughout Germany, that neutrality in relation to publishing houses is maintained and that all newspapers and magazines can come to market.
In the present case, the purchaser Roth+Horsch is an independent press wholesaler, not connected to any publishing house in Germany, whereas 80% of PV Pfalz was owned by 10 large publishing houses prior to the transaction (including Axel Springer, Bauer, Gruner + Jahr, Burda and WAZ-Mediagroup). Following the transaction, the 10 publishing houses retain a minority interest in the merged entity (known as "Frankenthaler Pressevertrieb"). The trade association representing the independent press wholesalers in Germany ("Bundesverband Presse-Grosso") feared that the publishing houses' minority interest in the merged entity could harm the neutrality and independence of the Pressegrosso system.
However, the BKartA cleared the merger because in its view the merger will not change the situation on the regional market of the individual press wholesalers and the merged entity will be obliged to act independently of all publishing houses.
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