

 
Communications Directorate 
Press and Information Unit curia.europa.eu 
 
 
 
PRESS RELEASE No 156/24 
Luxembourg, 4 October 2024 
Judgment of the Court in Case C-581/22 P | thyssenkrupp v Commission 
Competition: the Court upholds the decision of the European Commission 
prohibiting the proposed merger between thyssenkrupp and Tata Steel 
The Court thereby upholds the judgment of the General Court of 22 June 2022 
thyssenkrupp, a German industrial group, and Tata Steel, a company whose registered office is in India, are active, 
inter alia, in the manufacturing and supply of flat carbon steel products and of electrical steel. Their centres of 
production are located, respectively, in Germany, the United Kingdom and the Netherlands. Those companies also 
have finishing plants in other Member States. 
On 25 September 2018, the two undertakings notified the Commission, in accordance with the Merger Regulation, 
1
 
of their plan to acquire joint control of a newly created joint venture. The proposal related primarily to metallic 
coated and laminated steel products for packaging and hot-dip galvanised steel products used in the automotive 
industry. Following an exchange with the undertakings involved and after sending requests for information to a 
number of market players, including, inter alia, competitors and customers, the Commission declared, by decision of 
11 June 2019, that the transaction was incompatible with the internal market and the European Economic Area 
(EEA). 
thyssenkrupp brought an action for annulment of the Commission's decision before the General Court of the 
European Union. In its judgment of 22 June 2022, the General Court rejected all of the arguments relied on by the 
undertaking and upheld the Commission's decision. 
2
 
thyssenkrupp subsequently brought an appeal before the Court of Justice against the judgment of the General 
Court. In support of its appeal, thyssenkrupp raised five grounds based on multiple alleged errors of law concerning, 
inter alia, the definition of the relevant product market and geographic market, the standard of proof applicable to 
the Commission, the interpretation of Article 2(3) of the Merger Regulation, the interpretation of the concepts of 
'important competitive force' and 'close competitors', the Herfindahl-Hirschmann Index, and the requests for 
information sent to the merging parties. In addition, thyssenkrupp submitted that the General Court had distorted 
certain evidence. 
In its judgment of today, the Court of Justice dismisses the appeal in its entirety. It therefore upholds the 
judgment of the General Court and the Commission's decision. 
NOTE: An appeal, on a point or points of law only, may be brought before the Court of Justice against a judgment or 
order of the General Court. In principle, the appeal does not have suspensive effect. If the appeal is admissible and 
well founded, the Court of Justice sets aside the judgment of the General Court. Where the state of the proceedings 
so permits, the Court of Justice may itself give final judgment in the case. Otherwise, it refers the case back to the 
General Court, which is bound by the decision given by the Court of Justice on the appeal. 

 
Communications Directorate 
Press and Information Unit curia.europa.eu 
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1
 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation). 
2
 Judgment T-584/19 (see also Press Release 110/22). 

EU Court Upholds Block on thyssenkrupp-Tata Steel Merger

The European Court of Justice has upheld the decision of the European Commission to block the merger between thyssenkrupp, a German industrial group, and Tata Steel, an Indian company. The proposed merger involved the creation of a joint venture focusing on steel products for packaging and automotive industries.

The Commission declared the merger incompatible with the internal market and the European Economic Area in June 2019 after assessing the impact on competition. thyssenkrupp challenged this decision before the General Court of the European Union, which upheld the Commission's ruling in June 2022.

thyssenkrupp then appealed to the Court of Justice, raising concerns about the definition of relevant markets, the standard of proof, and other legal aspects. However, the Court of Justice dismissed the appeal in its entirety, affirming the General Court's decision and the Commission's prohibition of the merger.



EU Court Upholds Block on thyssenkrupp-Tata Steel Merger

The European Court of Justice has upheld the European Commission's decision to prohibit the proposed merger between thyssenkrupp and Tata Steel, citing concerns about competition in the steel industry.