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MERGERS: AMO approved the merger of companies Deutsche Bahn AG and GOTFRI spol. s r.o.

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On June 8, 2015 the Antimonopoly Office of the Slovak Republic, Division of Concentrations („the Office“) approved the merger through which the undertaking Deutsche Bahn AG, Germany („DB AG“) acquired indirect exclusive control over the undertaking GOTFRI spol. s r.o., Slovak Republic („GOTFRI“).

The company DB AG has entered into another similar, separately notified concentration aiming at the acquisition of indirect exclusive control over the undertaking Slovenská autobusová doprava Trnava, Slovenská republika (Slovak Bus Transport Trnava, Slovak Republic). Despite the fact that the two transactions were concluded in the same timeframe, they are not interdependent and interlinked and the Office assessed the transactions as two separate concentrations.

The company DB AG is a German national operator and a multinational company operating in the field of mobility and logistics. It operates the rail infrastructure in Germany, passenger rail and bus transport, it deals with freight forwarding and logistics and associated services. It acts on various European markets of passenger transport mainly through its subsidiaries. DB AG belongs to the portfolio of Deutsche Bahn group („group DB“).

Company DB AG acts in the territory of the Slovak Republic in the area of public bus transport through the company Arriva Slovakia a.s. and the company ARRIVA Hungary Zrt. It also acts in the area of contractual bus transport and long-distance bus services. In Slovakia DB group does not act in the area of passenger rail transport.

Acquired company GOTFRI is a holding company owning 60,42 % share of company SAD Liorbus. Company GOTFRI provides the services of maintenance and freight services. Company SAD Liorbus deals with public bus transport, mainly city transport, suburban bus services and in a limited extent also long-distance bus services, irregular and contractual services and other services. Company SAD Liorbus is located in Ružomberok and operates in Liptov and Orava regions.

The Office focused on activities of the undertakings concerned in the area of bus transport, especially on public regular bus transport like city transport, suburban bus services and long-distance bus services (both national and international).

In the case of city transport and suburban bus services it is a competition for the market, it means the product market is a market of awarding contracts on operation of public bus transport in cities and regions; in the case of long-distance bus services it is a commercial transport with the functioning competition in the market.

The geographic market for operation of public transport in cities and regions is nation or regional. In the case of commercial long-distance bus service, the geographic market is determined by the particular lines based on starting – final stations.

In its analysis the Office took into account the nature of the market and position of the undertakings concerned after merger both in national and regional views and it did not identify any competition concerns.

The Office concluded that the assessed merger does not raise competition concerns and it approved the merger.

The decision came into force on June 8, 2015.