Bundeskartellamt prohibits acquisition of Wochenspiegel (Mayen/Cochem/Zell) by S-W Verlag

The Bundeskartellamt has prohibited S-W Verlag, Mayen, from acquiring three editions of the advertiser “Wochenspiegel” from S-W Lokalanzeiger-Wochenspiegel, Mayen.

The merger dates back to 1996. At that time S-W Verlag had acquired the right of publication and title use rights of the Mayen, Cochen and Zell editions of the advertiser “Wochenspiegel” from S-W Lokalanzeiger-Wochenspiegel. The Bundeskartellamt gained knowledge of this in the summer of 2004 in another proceeding and initiated merger control proceedings. Originally these three editions were transferred from S-W Verlag to S-W Lokalanzeiger-Wochenspiegel on the basis of a final prohibition by the Bundeskartellamt in 1988 followed by a voluntary dissolution in 1989. The later re-acquisition by S-W Verlag, which insofar reversed the voluntary dissolution in 1989, has not been notified to the Bundeskartellamt.

Mittelrhein-Verlag and the Weiss group each hold a 50 per cent share in S-W Verlag. Mittelrhein-Verlag publishes the subscription daily „Rhein-Zeitung“ in northern Rhineland Palatinate. It enjoys the position of sole newspaper in extensive parts of its area of distribution, for example in the Mayen area and in the administrative district of Cochem-Zell. The key business of the Weiss Group is offset printing. Advertisers, newspapers, brochures and magazines are printed in the group’s printing houses.

The merger has strengthened the dominant positions held by Mittelrhein-Verlag in the regional advertising markets in the administrative district of Cochem-Zell and the Mayen area. On the whole the re-acquisition has further worsened competitive structures in the advertising markets affected. The scope of action of Mittelrhein-Verlag with its “Rheinzeitung“ has further expanded, reinforcing its dominant market position. The companies can appeal against the Bundeskartellamt’s decision at the Düsseldorf Higher Regional Court.