Communication
The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing on the market with the quality, price and innovation of their products and services, contribute to the overall development of the economy.
CCA clears merger Auctor Holding a.s., SPV Second a.s. and OT Logistics S.A.
The Croatian Competition Agency (CCA) has approved, in Phase I, a concentration arising from the acquisition of direct control on a permanent basis by Auctor Holding a.s. (Czech Republic) and SPV Second a.s. (Czech Republic), via DD Rail Properties a.s. (Czech Republic), over OT Logistics S.A. (Republic of Poland).
The concentration is implemented through the acquisition of indirect joint control within the meaning of Article 15 paragraph 1 item 2 of the Competition Act.
CCA received a complete notification of the concentration on 9 March 2026, in accordance with Article 20 of the Competition Act. The notification was jointly submitted by Auctor Holding a.s., SPV Second a.s., and DD Rail Properties a.s., as notifying parties. The filing was made pursuant to Articles 19 and 20 of the Competition Act and the Regulation on notification and assessment of concentrations.
On 11 March 2026 the CCA published a public invitation on its website calling on all interested parties to submit comments and opinions regarding the concentration. Within the prescribed deadline, which expired on 23 March 2026, the CCA did not receive any comments or opinions.
The activities of the target company and the potential effects of the concentration primarily concern the markets for port operations, freight forwarding services, and rail freight transport, all relating to the territory of the Republic of Poland.
The parties to the concentration do not perform activities in these markets in the Republic of Croatia. Their presence in Croatia exists only indirectly, through a minority shareholding within a group of affiliated companies in Luka Rijeka d.d., without exercising control over that company.
This is a so-called “foreign-to-foreign” concentration, whereby Auctor Holding a.s. and SPV Second a.s., through the special purpose vehicle DD Rail Properties a.s., acquire joint indirect control over OT Logistics S.A., a leading port operator and provider of logistics and transport services in Poland and the Baltic Sea region.
The Auctor Holding group operates primarily in the hospitality and healthcare sectors and is not active in port operations, logistics, freight forwarding, or rail freight transport. SPV Second is part of the CE Industries group, which operates in rail transport, energy, recycling, and trading, but is likewise not active in port operations in Croatia.
There are no horizontal overlaps, vertical links, or conglomerate relationships between the parties to the concentration in any market in Croatia. The target company, OT Logistics S.A., is not commercially active in Croatia, does not generate revenue there, and has no affiliated undertakings in the country.
Since the parties are not present in the same relevant markets in Croatia, the implementation of the concentration does not alter the market structure nor affect competition in Croatia.
Based on the submitted information and other available data, the CCA found that the concentration is not prohibited within the meaning of Article 16 of the Competition Act, as it does not lead to the creation or strengthening of a dominant position nor to a significant impediment to effective competition.
Accordingly, as the concentration does not produce significant effects on competition in Croatia, the CCA will not initiate Phase II proceedings under Article 22 paragraph 3 of the Competition Act. The concentration is therefore deemed compatible in Phase I pursuant to Article 22 paragraph 1 of the Competition Act.