Düsseldorf’s Higher Regional Court has overturned a decision by the German Federal Cartel Office (Bundeskartellamt) against Lufthansa, a ruling announced Wednesday. The First Cartel Senate, under the leadership of Judge Alexandra Poling-Fleuß, sided with the airline group in the proceedings.
The case centered on Lufthansa’s termination of a special agreement with Condor dating back to 2020. Condor utilizes Lufthansa’s short-haul flights to connect with its own long-haul services. In 2022, the Federal Cartel Office deemed the termination anti-competitive and mandated Lufthansa to re-enter negotiations.
The Higher Regional Court has now overturned that decision on grounds of procedural irregularity. Members of the Cartel Office’s decision-making panel had recused themselves, citing concerns about impartiality, including the discovery that a differing version of an original record had been circulated during document review. The decision is not yet final and is subject to appeal.
