| Abstract On 5. July 2002 State Secretary Dr. Alfred Tacke gave
ministerial approval for the merger of E.ON and Ruhrgas. Previously both the German Cartel
Office and the Monopoly Commission had voted against the fusion on the basis of feared
restricted competition. According to paragraph 42 § of the GWB Law, the German Economics
Ministry may revise the decision of the German Cartel Office, when in the individual case
the restricted competition is balanced out by the overall economic advantages of the
merger, or the fusion is justified by an overwhelming general interest.
In this article it will be examined, whether there is really a conflict between
competition policy and general interest. In the first stage the demands of a ministerial
approval are defined from a proper political perspective. In the second stage it is
examined whether in the actual process the presented common welfare grounds were tenable.
It turns out as a result that the ministerial approval represents a violation of the
independence of competition control.
JEL-Classification: K 21, L 40, P 10 |
