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 the concentration between KONČAR d.d. and HELB d.o.o.
The transaction concerns the proposed concentration whereby the undertaking KONČAR, i.e., the KONČAR Group, would acquire sole control over the undertaking HELB. The core business areas of the KONČAR Group include electricity transmission and distribution, electricity generation, urban mobility and infrastructure, and digital solutions and platforms.
This transaction takes place in the energy sector, as the KONČAR Group — a vertically integrated undertaking involved in the manufacturing of various high-tech equipment and facilities for power plant construction, as well as the construction, testing, commissioning, and maintenance of such facilities — is acquiring HELB, a company with which it maintains a supplier–customer relationship.
HELB also operates in the energy sector but has a significantly narrower scope of business compared to the KONČAR Group. It primarily provides electrical installation services, almost exclusively within the territory of the Republic of Croatia.
In contrast to HELB, the KONČAR Group is export-oriented, primarily towards countries within the European Economic Area (EEA), offering turnkey project solutions for electricity transmission infrastructure.
Thus, the transaction constitutes a vertical concentration, where the acquirer (the KONČAR Group), which provides design, construction, and maintenance services for power facilities (ranging from transformer stations to various forms of renewable energy plants), and manufactures electrical power equipment (including transformers, high-voltage (HV) and medium-voltage (MV) facilities used for electricity transmission and distribution, as well as generators and other related equipment, is acquiring its supplier (HELB) in the segment of electrical installation services.
The relevant product and geographic markets in this case were defined as follows:
- The market for the provision of electrical installation services in the Republic of Croatia,
- The market for the provision of design, construction, and maintenance services for transformer stations in the EEA,
- The market for the provision of design, construction, and maintenance services for hydropower plants in the EEA,
- The market for the provision of design, construction, and maintenance services for renewable energy power plants (primarily solar power plants) in Croatia,
- The market for the production of transformers in the EEA,
- The market for the production of HV and MV switchgear and facilities in the EEA.
The target undertaking (HELB) is present exclusively in the market for electrical installation services within Croatia. The KONČAR Group operates on the other relevant markets, which are vertically related to the Croatian market for electrical installation services.
In the Croatian market for electrical installation services, where HELB operates, there are several competitors with significantly greater market power than HELB, which holds a market share of approximately 10–20%.
Other markets in which the KONČAR Group is active are characterized by global competition, with key competitors being multinational companies such as Hitachi, Siemens, ABB, and others. The KONČAR Group’s market shares in each of these EEA-level relevant markets do not individually exceed 5%.
Accordingly, the intention of this transaction is to enhance the KONČAR Group’s capabilities through economies of scale, thereby improving its competitiveness in offering and executing more complex and larger-scale projects in targeted foreign markets.
In light of the above, it is reasonable to conclude that this transaction does not constitute a prohibited concentration within the meaning of Article 16 of the Croatian Competition Act, as it is not likely to significantly impede effective competition, particularly since it does not lead to the creation or strengthening of a dominant position by the parties to the concentration.