Jurisdiction(s):
Ireland

Smurfit Kappa/WestRock EU merger control: German folding-carton overlaps, EEA versus national market definition, and beverage-carton segmentation

Published on: 05 February 2024

Published by an LexisNexis Ireland - Commercial expert

Legal News

Article summary

The European Commission’s determination on whether buyers depend on domestic packaging suppliers, or whether the arena is EEA‑wide, will dictate if the merger triggers competition issues for regulators evaluating cross‑border supply dynamics. In earlier probes, the watchdog has increasingly suggested the market is heading clearly towards the latter as the prevailing direction of travel in recent years. Folding cartons are a form of cardboard pack used for everything from beer bottles and frozen pizzas to tobacco and medicines across consumer sectors. How straightforward the parties’ route to clearance proves could also rest on whether officials see a single cartons market, or one divided by end use and application. Ireland’s paper packaging group Smurfit Kappa and US competitor WestRock agreed last September to combine in an US$11bn transaction they say will forge a “global leader in sustainable packaging.” They have not yet filed with the Commission, but have indicated they expect to close in the second quarter of this year. When unveiling the tie‑up last year, the firms called it “geographically balanced with limited overlap.” It would bring together “two complementary portfolios to create a global leader.” WestRock has a strong North American footprint, with 191 sites, while Smurfit Kappa has...

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