Trienekens/AWISTA (Düsseldorf city cleaning)
cleared subject to conditions

The Bundeskartellamt has cleared the acquisition of 49 per cent of the shares in AWISTA Gesellschaft für Abfallwirtschaft und Stadtreinigung mbH (AWISTA), Düsseldorf, by Trienekens AG, Viersen, (Trienekens) subject to conditions.

The President of the Bundeskartellamt, Dr Böge, stated: “The imposition of conditions ensures that Trienekens’ position will not be further strengthened by its acquisition of AWISTA. Trienekens has undertaken to neutralise the strengthening of its market position in North-Rhine/Westphalia in two markets in the waste disposal sector by selling appropriate stakes and capacities to third companies. Clearance of the merger was only possible subject to these conditions.”

Trienekens operates in all disposal markets in North-Rhine/Westphalia and is by far the leading company in most of these markets. The markets include the collection, transport and disposal (in particular incineration) of domestic waste, commercial waste incineration, commercial waste sorting and recycling of residual construction material. Trienekens thus holds market shares of over 40 per cent in the market for the collection and transport of domestic waste (so-called “grey bin” and commercial waste similar to household rubbish).

By acquiring AWISTA Trienekens would have further strengthened its dominant position in the markets for the collection and transport of domestic waste as well as the incineration of commercial waste.

The conditions regarding the sale of market shares to third companies compensate for Trienekens’ participation in AWISTA and prevent its market shares from being increased. Market share reductions as a result of a loss of sheer orders for collecting and transporting domestic waste, i.e. orders which are not secured under company law, must not be taken into account in this respect. The acquirer has to be a company on which the parties to the merger cannot exercise a competitively significant influence.  In order to remove the competitive problems in connection with the incineration of commercial waste, Trienekens has to sell, in the long term, a quota in a waste incinerating plant suitable for incinerating high-calorie (commercial) waste.