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Yilport and Grupo Sousa's Acquisition of Sotagus Approved with Commitments

05.12.2024 | 🇵🇹 Portuguese competition authority

The Portuguese Competition Authority has approved the acquisition of Sotagus by Yilport and Grupo Sousa after they proposed commitments to address competition concerns.


The Portuguese Competition Authority (AdC) has given the green light to Yilport Iberia, S.A. and GS Marítima, Lda. (Grupo Sousa) for their acquisition of joint control over Sotagus – Terminal de Contentores de Santa Apolónia, S.A. This decision follows the acquirers' proposal of commitments aimed at alleviating competition concerns that arose during the merger notification process.

Yilport is a key player in the port and maritime transport sectors, primarily involved in cargo handling at various port terminals, including those in Lisbon and SetĂşbal. Grupo Sousa, based in Madeira, operates across multiple sectors including shipping, logistics, and energy. Sotagus, currently solely controlled by Yilport, manages the Santa ApolĂłnia port terminal under a concession agreement that will expire in February 2026.

The AdC's analysis identified both horizontal and vertical competition concerns stemming from the merger. Horizontally, the concern was related to Grupo Sousa gaining control over two competing terminals in Lisbon, while vertically, there was a risk of foreclosure that could limit competitors' access to the Sotagus terminal, particularly affecting rivals in the maritime cargo transport market.

To mitigate these concerns, Yilport and Grupo Sousa proposed a series of structural and behavioral remedies. They agreed to divest Grupo Sousa's stake in TSA – Terminal de Santa Apolónia, Lda., thereby eliminating structural links between the competing terminals. Additionally, they committed to ensuring fair tariff conditions at Sotagus, which would maintain equitable access for competitors in the maritime cargo transport market, thus addressing the potential foreclosure risks. The AdC concluded that these commitments would help preserve competition in the maritime cargo transport sector between Lisbon and the Autonomous Regions of Madeira and the Azores.

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