Duisport and thyssenkrupp Steel Logistics can set up joint venture

The Bundeskartellamt has cleared plans by the Port of Duisburg (duisport) to acquire 49 per cent of the shares in thyssenkrupp Steel Logistics and thus to set up a joint venture.

Thyssenkrupp Steel Logistics is thyssenkrupp Steel Europe’s (tkSE’s) port service provider in charge of the Lower Rhine ports in Schwelgern and Walsum. The ports’ infrastructure is currently used exclusively for the provision of cargo handling services for tkSE, such as the delivery of coal or the transportation of semi-finished products from steel production. However, the new partnership plans to make handling capacities also available to third parties and thus bring them to the market.

Andreas Mundt, President of the Bundeskartellamt: “As a port operator and logistics hub, duisport is undoubtedly the leading player in the region. We therefore take a close look at any acquisition of further port capacities, even if it is an acquisition of shares relating to ports that have previously been used exclusively within the thyssenkrupp group. However, our investigations have shown that duisport’s participation in the thyssenkrupp ports will not significantly strengthen its strong market position as a port operator. There are many other competitors active in the downstream cargo handling markets in the region. With regard to these markets, the acquisition will not create a dominant position for duisport or otherwise significantly impede competition.”

Duisport operates the world’s largest inland port, which has evolved into an important logistics hub for continental Europe in recent years. However, the Bundeskartellamt’s market investigations have raised no serious competition concerns about duisport and thyssenkrupp Steel Logistics setting up a joint venture. Due to the cooperation project’s special structure duisport will have only very limited access to the infrastructure of thyssenkrupp’s ports. As far as the ports’ infrastructure is used for cargo handling, the two ports will continue to be used predominantly for thyssenkrupp in the future. The proportion of third-party cargo handling business is expected to be too small, in the medium term, to significantly strengthen duisport’s market position.

Due to the high turnovers generated by the parties, the planned concentration originally had to be notified to the European Commission. However, referring to the project’s regional focus, the parties had requested it to be referred to the Bundeskartellamt. Following the Bundeskartellamt’s approval, the Commission then referred the examination of the project under merger control to the Bundeskartellamt in April 2024.