Menold Bezler convinces Federal Cartel Office of new market definition in agricultural trade
Menold Bezler has obtained clearance for BAT Agrar GmbH from the German Federal Cartel Office for the merger with Rudolf Peters Landhandel GmbH & Co. KG in the first phase of the merger review. The clearance was granted without conditions despite tight market conditions in the agricultural trade.
In this case, the competition authority refrained from the usual determination of the relevant geographic market via the radius approach and, as far as can be seen, for the first time used a detailed supply flow analysis in the agricultural trade. Due to the increasingly long delivery distances, the usual market radius of 30-50 km no longer correctly reflects the actual conditions in the land trade. Instead, the respective market areas are now defined in a star shape based on the specific delivery routes and supply channels.
BAT Agrar was created in 2021 from the merger of Beiselen Holding GmbH and ATR Beteiligungsgesellschaft mbH and generates more than €2.5 billion in sales with the distribution of operating resources, agricultural products and animal feed at 140 locations throughout Germany. The agricultural trading company Rudolf Peters from Winsen collects, stores and markets grain and rapeseed and operates 21 locations in Germany. As part of the merger, BAT Agrar is increasing its existing stake in Rudolf Peters Landhandel from 25 to 50 percent.
Menold Bezler accompanied BAT Agrar over a longer period of time in the comprehensive preliminary consultation with the Federal Cartel Office and provided corporate law advice on the reorganisation of the cooperation as well as on the acquisition of shares. The law firm already advised on the merger of Beiselen Holding GmbH and ATR Beteiligungsgesellschaft mbH in 2021.
Advisor to BAT Agrar GmbH:
Menold Bezler (Stuttgart): Dr Jochen Bernhard (partner, lead), Eliana Koch-Heintzeler (both antitrust), Dr Axel Klumpp (partner), Dr Felix Gegler (both corporate).
Advisor Rudolf Peters Landhandel GmbH & Co. KG:
KPMG Law: Dr. Gerrit Rixen (Partner, Antitrust, Lead, Cologne), Jacqueline Unkelbach, LL.M. (Manager, Antitrust, Cologne), Christoph Gröne (Senior Associate, Antitrust, Düsseldorf), Dr. Nikolaus Vincent Manthey (Partner, Corporate, Hamburg), Peter Plennert (Senior Manager, Corporate, Hamburg)