In one of the most significant transactions in the German food retail sector in recent years, Gleiss Lutz advised Genossenschaft Migros Zürich (GMZ) on the sale of major parts of the tegut group to EDEKA and secured clearance in complex Phase 2 proceedings before the Federal Cartel Office (Bundeskartellamt).
On 28 September 2026, the Federal Cartel Office cleared EDEKA's acquisition of 178 tegut food retail stores and further parts of the business, including the tegut logistics hub and the Herzberger organic bakery. In June, the authority had already cleared, in Phase 1 proceedings, the acquisition of a further 36 sites by the local grocery concept operator Tante Enso.
Clearance for EDEKA followed intensive negotiations with the Federal Cartel Office. Mergers in food retail are subject to particularly close scrutiny given the high level of market concentration in the sector. In several markets that the authority initially considered critical, competition concerns were either resolved or reduced to an acceptable level through EDEKA's multi-year commitment not to acquire 24 individual tegut stores.
Through the sale to EDEKA, a large proportion of tegut’s employees now also gain certainty about the future of their jobs. Gleiss Lutz is also advising GMZ on REWE's planned parallel acquisition of further tegut stores, which remains under review by the Federal Cartel Office in Phase 2 proceedings.
In addition to advising on merger control matters, Gleiss Lutz also assisted GMZ with all other legal questions surrounding the sale of the tegut group: Gleiss Lutz advises GMZ on the sale of major parts of the Tegut Group to EDEKA | Gleiss Lutz
The Gleiss Lutz team advising GMZ on all merger control aspects of the sale comprised Dr Ulrich Denzel (Partner, Stuttgart/Brussels), Dr Andreas Schüssel (Partner, Düsseldorf; both lead), Amelie Peiker (London), Vivien Etzkorn, Constantin Patt and Leonard Luca (all Düsseldorf).
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