06.01.2025 | Austrian competition authority
In January 2024, Südbayerisches Portland-Zementwerk Gebr. Wiesböck & Co. GmbH, known as Rohrdorfer, aimed to acquire a 49% stake and joint control over ASAMER Kies- und Betonwerke GmbH. However, the BWB raised concerns regarding the geographical market definition and horizontal competition issues, deeming the merger not approvable in its original form.
As a result, the BWB filed a request for a detailed examination by the Cartel Court before the deadline. An expert appointed during the court proceedings confirmed the BWB's competitive concerns, leading the applicants to withdraw their initial application while expressing continued interest in pursuing their plans.
In October and November 2024, the companies submitted new applications for two additional transactions involving the acquisition of 49% stakes in Asamer Baustoffe Holding GmbH & Co KG and ASAMER Kies- und Betonwerke GmbH. The BWB conducted extensive investigations into these transactions, including data collection and market surveys involving over a hundred customers and numerous competitors.
The investigations revealed doubts about the market definitions proposed by the applicants, particularly concerning high combined market shares and increased concentration in the ready-mixed concrete markets in Upper Austria and Vienna, which could negatively impact competition through higher prices and worse conditions for buyers.
To address these competitive concerns, structural remedies were proposed, including the divestiture of Rohrdorfer's ready-mixed concrete plants in Linz and Wels, and the disentanglement of Asamer from Strabag, involving the acquisition of two Asamer ready-mixed concrete plants by Strabag. These preparatory transactions were subsequently approved by the BWB.
Ultimately, the BWB granted approval for the Rohrdorfer-Asamer transactions in Phase I, following simulations that assessed the competitive effects of the transactions in the ready-mixed concrete markets in Vienna and Upper Austria, along with commitments made by the applicants.
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