Cartel proceeding against metal packaging manufacturers:
Bundeskartellamt refers case to the European Commission

As part of the cooperation within the network of European Competition Authorities (ECN), the Bundeskartellamt has referred its ongoing cartel proceeding concerning metal packaging to the Directorate General for Competition of the European Commission.

The Bundeskartellamt is no longer continuing the national investigation proceeding which it initiated in spring 2015 against several metal packaging manufacturers because the European Commission has today initiated its own formal cartel proceeding on the suspicion that the manufacturers have violated European competition law (Article 101 TFEU).

Andreas Mundt, President of the Bundeskartellamt: "Cartel agreements are serious violations of national and European competition law and cannot be tolerated. In the present case there is concrete evidence of competition law violations in several EU member states. We have therefore made use of the possibility to refer our investigation proceeding to the European Commission as the competent authority. This example shows how important close cooperation is between the European competition authorities."

The Bundeskartellamt had initiated an investigation proceeding under competition law against a number of metal packaging manufacturers on the basis of an anonymous tip-off. The tip-off raised the suspicion that national and European competition law provisions had been violated over several years on the respective markets in Germany. From March 2015 the Bundeskartellamt had therefore conducted a number of dawn raids at different production sites of metal packaging manufacturers, including manufacturers of cans made of tin plate and aluminium for filling with foodstuffs or chemical-technical substances and manufacturers of vacuum seals for jars.  Subsequently there was increasing evidence that the alleged offences were not limited to German markets but also affected a number of other EU member states.

During the proceeding some of the companies concerned carried out restructuring measures. As the legal situation in place in Germany until mid 2017 still applies to old cases, the Bundeskartellamt might not be able to punish the offences. 

The European Commission and the Bundeskartellamt generally work closely together in applying the EU competition rules. The legal basis for the referral of an investigation proceeding to the European Commission is provided for in European competition law, in particular Regulation 1/2003 and the rules applying to the European Network of Competition Authorities.

Until a final decision is taken against the companies concerned, the presumption of innocence applies. On this basis the shall not provide any further information on the companies involved.