Intermediate Mergers

Intermediate Mergers

133/AM/Dec07

TitleYara International and Kemira Growhow
Case No133/AM/Dec07
PartiesYara International ASA,Kemira Growhow OYJ and The Competition Commission
StatusConditions
Rating1
Date30/04/2008
Time10:00:00
SummaryThe Competition Tribunal approved the intermediate merger between Yara International ASA and Kemira Growhow OYJ with a new set of conditions. The Tribunal has ordered that for a period of two years Yara SA shall make available urea (fertilizer) for sale to customers on terms and conditions set out in the attached reasons. The Commission conditionally approved the transaction ordering the parties to supply existing clients as well as a category of purchasers defined as “smaller purchasers” with imported urea post the transaction for a period of five years. The merging parties claimed that the Commission’s conditions unfairly prejudiced them. They opposed the Commission’s decision claiming, amongst other things, that the conditions placed an obligation on the parties to supply potentially more purchasers of urea than they had been supplying pre- merger and that the five-year period was too long.
Keywordsintermediate merger, fertiliser, urea, national, conditional approval, barriers to entry, reconsideration
SourceCompetition Tribunal
Document133AMDec07
Date Posted25/11/2010 3:04pm