In February 2007, the UK Competition Commission (hereafter, the “CC”) cleared the acquisition of Adsteam Marine Ltd. (“Adsteam”) by SvitzerWijsmuller A/S (“Svitzer”) [1]. Each of the two parties was the sole supplier of harbour towage services in a number of UK ports and after the merger the new entity would have accounted for around 90% of such services in the UK. The CC concluded that no substantial lessening of competition would arise post-merger except in the port of Liverpool, the only UK port in which the parties were both present prior to the merger. As a result, the transaction was cleared subject to the sole divestment of Adsteam's operations in this port. In assessing the likelihood that this acquisition would give rise to unilateral effects, the CC considered not only how the
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The UK Competition Commission clears a merger leading to a 90% market share in the harbour towage services subject to divestment of a port (Adsteam/Svitzer)
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