Ausurus Group (European Metal Recycling)/Metal & Waste Recycling [Archived]
Ausurus Group (European Metal Recycling)/Metal & Waste Recycling [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Ausurus Group (European Metal Recycling)/Metal & Waste Recycling [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the penalty notice of 20 December 2018; it is no longer maintained.

See further, timeline, commentary and related cases.

Case facts

Outline UK merger investigation into the completed acquisition by European Metal Recycling Limited of Metal & Waste Recycling Limited. The transaction involves horizontal overlaps in markets for metal recycling.

Latest developments On 20 December 2018, the CMA issued a penalty notice to Ausurus and EMR for failure to comply with the initial enforcement order (IEO) imposed by the CMA. A total fine of £300,000 was imposed, for two infringements.

The CMA found that Ausurus and EMR failed to comply with the IEO through two breaches, namely:
• directing the customers of CuFe to make payment into bank accounts of Ausurus and making payments to suppliers of scrap to CuFe from bank accounts of Ausurus, in both cases without seeking the consent of the CMA; this amounted to an unauthorised integration of, and a failure to maintain separation of, Ausurus and CuFe, furthermore, it might have impaired the ability of CuFe to compete independently, in particular by undermining the separate sales