Bundeskartellamt imposes fines against manufacturers of ready-mixed concrete in south Germany
15.12.2009
The Bundeskartellamt has imposed fines totaling approx. € 1.5 million on five manufacturers of ready-mixed concrete in the greater area of Freiburg im Breisgau and on three directors. The companies are accused of having implemented illegal quota agreements over a longer period. The companies fined are as follows: Freiburger Transportbeton Union FTU Produktions GmbH & Co. KG, Markgräfler Transportbeton GmbH, Transportbeton Umkirch GmbH & Co. KG, Adolf Braun KG Kies- und Transportbetonwerke and Karl Strohmaier GmbH Kies und Betonwerke.
According to the Bundeskartellamt’s knowledge, at least during the period 1990 to the end of 2004, the companies had agreed on the volume of ready-mixed concrete each company was allowed to bring onto the market in comparison with the others. On a monthly basis the actual quantities delivered were notified to one of the directors who then calculated the respective excess and shortfall quantities, which were subsequently balanced out. Quota agreements of this kind are considered so-called “hardcore cartels” which significantly affect competition.
The fine imposed for the quota agreement was set at the fine level applied up to the beginning of 2005. As it could not be established whether the companies had obtained so-called “additional proceeds” as a result of their involvement in the cartel, regular fines of max. € 500,000 were imposed on the individual companies.
All the companies and directors have stated that they will accept and not appeal against the fines.