For years, the Schlecker group paid too much money for purchases, says insolvency administrator Geiwitz and is demanding more than 212 million euros in damages. However, the court found that the evidence was not sufficient. The BGH sees it differently and sends the procedure to the next round for re-examination.
The procedure for damages for the insolvent drugstore chain Schlecker because of the so-called drugstore cartel is entering the next round: The Federal Court of Justice (BGH) in Karlsruhe reversed a judgment by the Higher Regional Court (OLG) in Frankfurt am Main, with which it had rejected the Schlecker insolvency administrator’s million-dollar lawsuit . The Frankfurt court must now renegotiate.
In the years 2004 to 2006, manufacturers of drugstore items exchanged information. Among other things, it was about the status of annual talks with various retailers, including Schlecker. The Federal Cartel Office imposed fines on the manufacturers and the brand association for the anti-competitive exchange of information. Schlecker insolvency administrator Arndt Geiwitz went to court. He is of the opinion that the drugstore chain bought goods such as body care, detergents and cleaning products too expensively for years because of the cartel. That is why he is demanding more than 212 million euros in damages.
However, the OLG Frankfurt ruled against Schlecker in 2020 because it was not certain whether the chain had suffered damage as a result of the suppliers’ behavior. The BGH now considers this judgment to be incorrect. The prices when purchasing goods are often higher on average after an anti-trust exchange between competitors about price negotiations with a customer, he explained. Experience shows that. However, the circumstances would have to be examined on a case-by-case basis.
The question is whether there are indications that confirm or invalidate the experience of the price increase. The Frankfurt Higher Regional Court did not examine this closely enough. So Schlecker’s creditors can continue to hope to get more money back. The drugstore chain filed for bankruptcy in January 2012. At that time, around 27,000 employees lost their jobs, including numerous saleswomen.
