Bundeskartellamt clears acquisition by HORNBACH
The Bundeskartellamt (Federal Cartel Office) has cleared the planned acquisition of six sites of the insolvent HELLWEG Die Profi-Bau- & Gartenmärkte GmbH & Co. KG and BayWa Bau- und Gartenmärkte GmbH & Co. KG by HORNBACH Baumarkt AG in the preliminary review procedure. Clearance was granted without conditions; following the authority’s review, an in-depth review procedure was not required.
In the Bundeskartellamt’s assessment, there are no competition concerns regarding the merger. The President of the Bundeskartellamt, Andreas Mundt, pointed out that customers in the vicinity of the affected sites would in each case be able to switch to a sufficient number of other DIY stores and specialist retailers.
Affected sites and economic background
Six HELLWEG sites to be transferred to HORNBACH
According to the Bundeskartellamt’s announcement, the cleared project concerns six sites. The following are named:
- Dortmund-Kley
- Essen-Borbeck
- Ahrensfelde
- Freiberg
- Augustin
- Berlin-Köpenick
According to press reports, the Essen-Borbeck site is the store on Aktienstraße. This site would therefore be HORNBACH’s second store in Essen.
According to company information, the six sites are to be taken over at the beginning of December 2026, subsequently converted, and reopened as HORNBACH DIY and garden centres in spring 2027. At the time of the corresponding announcement, press reports stated that merger control clearance and judicial confirmation of the insolvency plan were still outstanding.
HELLWEG Group in insolvency proceedings
According to information from the Bundeskartellamt, HELLWEG most recently operated a total of 113 DIY and garden centres in Germany under the HELLWEG and BayWa Bau & Garten brands. The sites were located in particular in the Rhine-Ruhr region, in the Berlin area, and in southern Germany.
According to press reports, the insolvency petitions were filed with the Amtsgericht Essen (Local Court of Essen). The petition by HELLWEG Die Profi-Bau- & Gartenmärkte GmbH & Co. KG is said to have been received there on 15 June 2026. According to these reports, the proceedings are being conducted before the Amtsgericht Essen under case no. (Aktenzeichen) 162 IN 115/26.
At the time of filing the petition, HELLWEG operated, according to press reports, around 68 branches with approximately 2,900 employees as well as an online shop. In addition, two restructuring managing directors were appointed to the management board; the employees initially received insolvency benefit. According to press reports, the insolvency of the group affects a total of around 4,000 employees, including around 2,900 at HELLWEG and approximately 1,300 at BayWa Bau & Garten.
According to information from the Bundeskartellamt, insolvency proceedings in self-administration were opened over HELLWEG in June 2026. Press reports provide differing information regarding individual dates of the opening of the proceedings; no determination is therefore made in this respect.
Review of regional competitive conditions
Criterion: actual demand behaviour
For the competition assessment, the Bundeskartellamt defined the relevant markets in the respective regions on the basis of customers’ actual demand behaviour. The basis for this included, in particular, customer card data and customer surveys.
The authority found that the catchment areas of DIY stores cannot be determined schematically by reference to fixed radii. Rather, they may differ depending, among other things, on the size of the respective store, population density, and transport links.
Alternative options for customers
According to the Bundeskartellamt’s announcement, the decisive factor was that sufficient alternative providers remain available in the affected regions. These include other DIY stores and specialist retailers that customers may consider as alternatives.
Against this background, the Bundeskartellamt saw no indications that the acquisition of the six sites would lead to a market structure that is problematic from a competition perspective.
Further developments in the sale process
Earlier clearances for other purchasers
The clearance in favour of HORNBACH is connected with the ongoing sale process for the HELLWEG/BayWa sites. As early as 2 October 2026, the Bundeskartellamt had cleared the acquisition of lease agreements for eight HELLWEG/BayWa sites by BAUHAUS AG, Belp/Switzerland, Mannheim branch. According to the announcement at the time, the affected sites were Backnang, Beckum, Berlin-Köpenick, Dahlwitz-Hoppegarten, Dortmund-Hacheney, Essen-Rellinghausen, Iserlohn, and Potsdam.
According to press reports, seven stores are actually to be implemented as part of this. The Berlin-Köpenick site was initially part of the BAUHAUS clearance; according to press reports, BAUHAUS later withdrew its interest in this store. The renewed mention of the site in the later clearance in favour of HORNBACH therefore concerns the same store.
As early as 11 September 2026, press reports stated that clearances for a total of twelve HELLWEG/BayWa stores in favour of OBI and BAUHAUS had already been issued. Further sites had been notified to the Bundeskartellamt at that time. According to press reports, OBI was awarded the contract for at least five HELLWEG/BayWa sites in the bidding process and was named as the preferred investor for further sites.
Continuation not secured for all sites
According to press reports, continuation of the group as a whole did not materialise. For branches for which no investor is found, closure by the end of November 2026 is envisaged.
According to press reports, around 400 employees and trainees are to be offered prospects for continued employment at the sites taken over by HORNBACH and BAUHAUS. This does not entail any binding statement regarding individual employment relationships.
According to press reports, the group-owned Gartencenter Augsburg GmbH & Co. KG, based in Dortmund, also filed an application for restructuring proceedings in self-administration at the beginning of July 2026.
Assessment from a competition law perspective
The decision shows that mergers in the retail sector are not assessed solely on the basis of nationwide market shares. In the case of bricks-and-mortar retail formats, the regional assessment is regularly of particular importance. The key factor is which alternatives customers in the specific catchment area can actually use.
For companies, investors, and sellers in restructuring or transaction situations, it is also apparent that antitrust issues can carry considerable weight even in the acquisition of individual sites. MTR Legal advises on commercial law issues in connection with merger control, distribution, and market structure; where legal questions arise regarding comparable matters, individual legal advice on competition law is recommended.
