Merger Notification - Announcement according to § 10 Cartel Act
Strabag AG; D+B Holding und Beteiligungs GmbH; Wieser Verkehrssicherheit GmbH
BWB/Z-6209
On 28.02.2023 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
STRABAG AG (Austria) intends to acquire directly and together with another subsidiary of STRABAG SE all shares in and thus sole control over D+B Holding und Beteiligungs GmbH (Austria) and Wieser Verkehrssicherheit GmbH (Austria).
Industry sector: F - Baugewerbe/Bau H - Verkehr und Lagerei
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 11.04.2023.
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.
On 28.03.2023 the applicant requested the extension of the deadline for the submission of an application for examination by two weeks, pursuant to § 11 (1a) Cartel Act. The deadline for the submission of an application for examinations by the administrative authorities is extended by two weeks, thus ending on 11.04.2023.
In relation to the question of the planned merger’s impact, the examination conducted by the AFCA to date has found that, based on currently available information, any implementation of the merger would cause or strengthen a position of market dominance or significantly impede effective competition (§ 12 KartG).
The AFCA therefore requested an examination pursuant to § 11 KartG on 11 April 2023 on the grounds that more information from the market was required to make a final assessment. The Federal Cartel Prosecutor (Federal Ministry of Justice) also filed a request for examination.