Schlecker drugstore chain: the insolvency administrator’s lawsuit is being re-examined

It’s about 212 million euros. The Schlecker insolvency administrator can hope that previous suppliers will have to pay damages because of illegal price fixing. The BGH decided that this must be re-examined.

Almost eleven years after the Schlecker drugstore chain went bankrupt, a claim for damages by the insolvency administrator could still be successful: the cartel senate of the Federal Court of Justice (BGH) in Karlsruhe ruled that the Frankfurt Higher Regional Court (OLG) had hastily rejected its claims.

It corresponds to general experience that such agreements lead to higher prices. The lower court did not attach enough weight to this, the judges in Karlsruhe explained and referred the case back to the Frankfurt Higher Regional Court. This had denied damage in May 2020.

In the end more money to distribute?

As a result, the insolvency proceedings continue to drag on. At the same time, there is hope for the creditors that there will be more money to distribute in the end.

After all, it is about at least 212 million euros. Insolvency administrator Arndt Geiwitz is demanding this amount from several large drugstore manufacturers.

Fines for excessive prices

The Bundeskartellamt had fined these companies for exchanging information between 2004 and 2006. Geiwitz says that Schlecker therefore had to pay inflated prices in purchasing.

Schlecker filed for bankruptcy in January 2012. Many thousands of employees – especially women – lost their jobs at the time. The money from this and other antitrust lawsuits could primarily benefit you, the Federal Employment Agency and the social security funds.

(AZ: KZR 42/20)