The Office approved the merger of LKQ and heptus 292 on the distribution market of non-original spare parts, subject to commitments

2019-05-16
On 10 May 2019, the Office for the Protection of Competition issued a decision authorizing LKQ German Holdings GmbH to take sole control over the company heptus 292. GmbH, subject to several structural commitments in order to maintain effective competition. The decision is already final.

The assessed concentration was part of a wider transaction already approved by the European Commission in which the LKQ group acquired the exclusive control over the German company Stahlgruber GmbH. Nevertheless, the Office requested the Commission to make its own assessment over a part of this concentration concerning the wholesale distribution market of non-original spare parts for light vehicles in the Czech Republic.    

Based on the impact assessment of the proposed transaction, the Office found out that the concentration raises concerns about significant distortion of competition law resulting from the expansion of LKQ´s group activities in the wholesale distribution market of non-original spare parts for light vehicles in the Czech Republic as well as at all of its sub-markets represented by the territory of particular regions of the Czech Republic.

In order to eliminate the Office´s competition concerns, the company LKQ German Holdings GmbH accepted such structural commitments, which will result in a situation where the LKQ group will acquire the company heptus 292. GmbH, whose market share on the relevant markets would be significantly reduced. As a result of this structural commitment, a new undertaking with a similar market position as the company heptus 292. GmbH had before the concentration will be created, or one of the current competitors on the relevant market will significantly extend its activities, which would ensure the effective competition.

Details of the commitments accepted by the party to the proceedings and the complete decision will be published in the collection of decisions of the Office after the identification and exclusion of the business secret from the text.

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