Merger Notification - Announcement according to § 10 Cartel Act
APK AG; LyondellBasell Industries N.V.; AT Newtec GmbH
BWB/Z-6197
On 08.02.2023 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
LyondellBasell Industries Holdings B.V., Netherlands, intends to acquire newly issued shares in APK AG, Germany, which will in the future result in a shareholding of 28.188001% of the shares in APK AG. LyondellBasell Industries Holdings B.V. is an indirectly held subsidiary of LyondellBasell Industries N.V., Netherlands, of which the shares are listed on the New York Stock Exchange.
APK is active in the developing of production technology for plastic granulates out of recycled plastic packaging and other plastic waste. The transaction concerns the production and sale of recycled plastic granulates.
Industry sector: C - Verarbeitendes Gewerbe/Herstellung von Waren
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 08.03.2023.
Entrepreneurs whose legal or economic interests are affected by the merger can bring in a written statement at the Federal Competition Authority or the Federal Cartel Prosecutor within 14 days from publication date.
Note: The intervening party has no right to a certain treatment of the statement and will not gain a party position.
Non-prohibition of the merger
The Federal Competition Authority and the Federal Cartel Prosecutor have not applied for examination of the merger by the Cartel Court. The standstill obligation (§ 17 (1) Cartel Act) ends with effect from 09.03.2023 .