Joint Venture Between K+S and REMEX Has Been Cleared by the Bundeskartellamt

On the 2nd of December, the German Competition Authority ("the Bundeskartellamt")  has cleared the formation of the joint venture REKS GmbH & Co. KG by Kali und Salz Minerals and Agriculture GmbH and REMEX GmbH, a member of the Remondis Group (Rethmann Group).

The joint venture REKS will distribute hazardous waste for underground disposal and backfilling at Kali und Salz’s mining sites. In order to dispel competition concerns expressed by the Bundeskartellamt, the companies first implemented extensive offsetting measures.

In order to dispel the Bundeskartellamt’s competition concerns, REMEX sold its share in the company Minex, which operates an underground backfill facility in Staßfurt. The parties are therefore no longer competitors on the relevant market for underground backfilling with flue gas residues. During the ongoing merger control proceeding, the parties also agreed on further contractual arrangements which are able to additionally stimulate competition.

The waste incineration plant in Staßfurt which belongs to the RETHMANN Group will in the future channel its waste flows through Minex and not the joint venture REKS. Kali und Salz will continue to offer intermediaries of hazardous fly ashesdisposal capacities in its sites for ten years so that distributors will still be able to deliver their waste to these sites in the future. Lastly, for a period of 15 years Kali und Salz will accept waste from waste producers in the event of short-term unscheduled disruptions to alternative disposal channels (so-called redundancy commitment).

You can reach the further information here.

Kind regards,

Zumbul Attorneys at Law

info@zumbul.av.tr