Fines imposed on manufacturers of prefabricated garages on account of price-fixing agreements

The Bundeskartellamt has imposed fines amounting to 11 million euros on ten manufacturers of prefabricated garages for their involvement in price-fixing agreements.

Andreas Mundt, President of the Bundeskartellamt: "The proceedings involved two different kinds of infringements. Between 2005 and 2012 representatives of a number of companies in southern Germany met several times a year to agree on new minimum sales prices for standard-sized prefabricated concrete garages. In addition, a fine was imposed on another company for fixing prices for the sale of garages in northern Germany."

The following companies were involved in the price-fixing agreements in southern Germany: Classic Grundstücksverwaltungsgesellschaft mbH (previously: Classic-Garagen GmbH), Breisach, Emil Steidle GmbH & Co. KG, Sigmaringen, Gebr. Ott Betonwerke GmbH & Co. KG, Nürtingen, Grötz Bauunternehmung Betonwerk GmbH, Gaggenau, GVS Garagen Vertrieb Süd GmbH, Kempten, IBK Fertigbau Betonwerk Villingen GmbH & Co. KG, Villingen-Schwenningen, IBK-Fertigbau GmbH Betonwerk Büchenau, Bruchsal, Kemmler Baustoffe GmbH, Tübingen, Pfaff GmbH Fertiggaragen, Friedrichshafen, and at times Rekers Betonwerk GmbH & Co. KG, Spelle (Rekers).

The authority has also imposed a fine on Hanse-Betonvertriebs-Union GmbH, Lauenburg, on account of its participation in a bilateral price-fixing and customer allocation agreement in northern Germany. Between 2006 and 2009 representatives of this company had regularly met with sales representatives of Rekers to conclude anti-competitive agreements on the sale of prefabricated concrete garages in the north German federal states.

The Bundeskartellamt's investigations were triggered by a leniency application filed by Rekers. In accordance with the Bundeskartellamt's leniency programme no fine was therefore imposed on this company.

The companies involved in the south German cartel set up three different price zones for Baden-Württemberg and neighbouring regions and in setting their minimum sales prices differentiated according to sales volume and typical customer groups (private clients or architects and construction companies as commercial customers). At regular meetings they also agreed on the introduction and amount of various surcharges for toll, energy and steel costs as further price components. From 2005 to 2009 some of the manufacturers, whose key areas of supply are in the south-west of Baden-Württemberg, also held smaller follow-up meetings in order to set even higher sales prices specifically for the postcode areas 78 and 79 and to agree on a reciprocal allocation of regular customers.

In calculating the fine for the ten companies the Bundeskartellamt took account of the fact that the parties had cooperated extensively with the authority throughout the proceedings. Settlements could be reached with all the companies involved, which also helped to reduce the level of their fines. All the orders imposing the fines are now final.