Mattress cartel

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As mattresses cartel vertical were price fixing of several manufacturers of mattresses designated in 2005 by 2009. According to the definition of the term, “real” business cartels are horizontal agreements between competitors. On the other hand, vertical price agreements are also referred to as a spurious form of cartel, because it is not about horizontal agreements, but about fixing prices for retailers when selling the products of individual manufacturers.

background

For years, high margins have been recorded in the German bed mattress market . Industry experts assume up to 300 percent. A mattress that a retailer purchases for EUR 100 (excluding VAT) is offered to the end customer for EUR 399 including VAT. The so-called "300 rule" was used within the industry.

According to the Mattress Industry Association, around 40 manufacturers were of major importance in the German bed mattress market with annual sales of 1.5 billion. In the industry, suspicions were also expressed that the influence of the few central purchasing associations was enormous. However, there are essentially many very small dealers organized in the purchasing associations. The majority of mattresses in Germany are offered and sold by large independent retail chains and furniture stores or online retailers.

Scope and investigations

On the basis of information from within the industry, the Federal Cartel Office investigated illegal practices at German manufacturers and investigated a total of eight companies, including five manufacturers, two purchasing associations and an online retailer. In 2011 there were searches on the premises of producers and dealers, including the manufacturers Malie Mecklenburgisches Matratzenwerk GmbH, Fey & Co and Tempur-Pedic . In the price war between new Internet providers and traditional specialist retailers, the companies are said to have exerted pressure on online retailers for years so that they do not undercut the price recommendations made by the manufacturers. The disciplining of unwilling traders allegedly took place via constructed delivery bottlenecks, "and so long until they bow to the price dictation".

Result of the investigation

As part of its investigations, the Bundeskartellamt imposed fines on three manufacturers for vertical price fixing. "The investigations did not reveal any indications of anti-competitive horizontal agreements between the manufacturers of mattresses."

In August 2014 an agreement was reached with the cooperating manufacturer Recticel Schlaf Komfort GmbH. The investigation was closed against payment of a fine of 8.2 million euros. In February 2015, Metzeler Schaum GmbH was fined 3.3 million euros. The proceedings were concluded with the imposition of a third fine in the amount of 15.5 million euros on Tempur Deutschland GmbH in October 2015. "After evaluating the evidence, the proceedings against two other manufacturers, two purchasing associations and an online retailer were discontinued for discretionary reasons."

Individual evidence

  1. ↑ Competition officials startled the mattress cartel. In: The world . August 22, 2014. Retrieved April 29, 2018 .
  2. ^ A b Anne-Kathrin Keller: Suspicion of a mattress cartel ( memento of July 8, 2013 in the Internet Archive ) In: Vertriebswirtschaft (magazine) , October 2, 2012, accessed on November 15, 2014
  3. ↑ The bed battle. In: Der Spiegel , May 21, 2012
  4. ↑ Suspicion of cartels in mattress companies. In: Frankfurter Allgemeine Zeitung . August 5, 2011, accessed November 24, 2014 .
  5. ↑ a b c Bundeskartellamt - Homepage - Bundeskartellamt closes mattress case with a further fine. Retrieved June 7, 2019 .
  6. ^ The mattress mafia. In: magazin. Betten.de. June 10, 2013, accessed November 24, 2014 .
  7. ↑ Bundeskartellamt - Homepage - First fine imposed for vertical price fixing in the case of mattresses. Retrieved June 7, 2019 .
  8. ↑ Michael Gassmann: "Schlaraffia": Competition guardians frighten the mattress cartel . August 22, 2014 ( welt.de [accessed June 7, 2019]).
  9. ↑ Bundeskartellamt - Homepage - Another fine imposed for vertical price fixing in the case of mattresses. Retrieved June 7, 2019 .