On 28 October 2019 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter "the Office") approved a merger grounded in the acquisition of direct exclusive control of the undertaking Heneken, s.r.o., Bratislava (hereafter "the notifier") over the undertakings Brock Metals, s.r.o., Košice and Garda Alloys, s.r.o., Košice (hereafter "the acquired companies").
The notifier´s group operates in the area of metallurgy, namely through the production and the sale of aluminium alloys in the form of ingots made of aluminium scrap (the so called secondary aluminium), trading with aluminium, aluminium alloys and aluminium scrap, trading with some other metallurgical alloys (e. g. magnesium and zinc alloys) and non-ferrous metals, such as magnesium, silicon, lead, zinc and copper.
The acquired companies operate in the area of metallurgy, namely through the production and the sale of zinc alloys in the form of ingots (for die casting), zinc alloys for hot-dip zincification (galvanization) in the form of blocks and liquid zinc.
There is no horizontal overlap between the activities of the parties to the merger, but there is a vertical relationship between them. In the area of the sale of non-ferrous metals, which serve as one of the input products in the production of zinc alloys (i. e. zinc, aluminium, copper and magnesium), the notifier is active and in the area of the production and the sale of zinc alloys the acquired companies are active.
With regard to the scope of the activities and the market presence of the notifier within the wholesale supply of non-ferrous metals, resp. the market presence of the acquired companies in the area of the sale of zinc alloys, this vertical interconnection does not raise competition concerns from the point of view of the restriction of the access to inputs nor the restriction of the access to customers.
After evaluating documentation and information obtained, the Office came to the conclusion that the merger assessed is in accordance with the Article 12 Paragraph 1 of the Act on Protection of Competition, since it does not significantly impede effective competition in the relevant market, in particular as the result of the creation or strengthening of a dominant position.
The decision came into force on 31 October 2019.