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published NOVEMBER 16, 2009

CMS Hasche Sigle obtains acquittal for Dirk Roßmann and Dirk Rossmann GmbH before Düsseldorf Higher Regional Court

The Second Competition Senate of Düsseldorf Higher Regional Court (Oberlandesgericht) acquitted Mr Dirk Roßmann and Dirk Rossmann GmbH in competition-related summary proceedings of 257 counts of having violated the ban on offering goods below cost price in 2005 (section 20 para. 4 sentences 1 and 2 of the German Act against Restraints on Competition [GWB]). The Higher Regional Court lifted a EUR 300,000 fine imposed on Rossmann by the German Federal Cartel Office for unfair hindrance. The judge stressed that Rossmann was receiving a "first-class acquittal". A team from CMS Hasche Sigle defended both Dirk Roßmann and Dirk Rossmann GmbH. Dr Harald Kahlenberg represented Dirk Roßmann, while Dr Rolf Hempel acted for Dirk Rossmann GmbH. Dirk Rossmann GmbH operates some 1,500 health and beauty outlets in Germany. As a result of the ruling, it may continue to use suppliers’ marketing contributions to reduce the price of the relevant products, thus offering them at a particularly attractive price. This decision is of fundamental importance for interpretation of the law in this respect. The Chief Public Prosecutor's office in Düsseldorf can appeal against the judgment to the Federal Court of Justice. CMS Hasche Sigle advisory team: Dr Harald Kahlenberg, Competition (Lead Partner) Dr Rolf Hempel, Competition