Merger Notification - Announcement according to § 10 Cartel Act

Glencore International AG; South32 Minerals S.A.; Mineração Rio do Norte S.A.; Alunorte - Alumina do Norte do Brasil S.A. - BWB/Z-6256 | Bundeswettbewerbsbehörde

Glencore International AG; South32 Minerals S.A.; Mineração Rio do Norte S.A.; Alunorte - Alumina do Norte do Brasil S.A.

BWB/Z-6256

27.04.2023

On 27.04.2023 the Austrian Federal Competition Authority was notified of the following merger:

Planned purchase process

The proposed transaction concerns the acquisition by a wholly-owned subsidiary of Glencore International AG, Switzerland, of minority interests in two vertically related businesses, namely a jointly controlling interest of 45% of the shares and related offtake interests in Mineração Rio do Norte S.A., Brazil, and a non-controlling interest of 30% of the shares and related offtake interests in Alunorte - Alumina do Norte do Brasil S.A., Brazil, from a wholly-owned subsidiary of Norsk Hydro ASA. The proposed transaction also comprises the acquisition by South32 Minerals S.A., Brazil, of joint control over Mineração Rio do Norte S.A. (together with Glencore International AG) by way of obtaining a strategic veto right. 

The proposed transaction concerns the sectors for (a) the production (i.e., mining) and supply of bauxite, and (b) the production (i.e., refining) and supply of alumina. 

Affected industry: wholesale of metals and metal ores.

Industry sector: G - Handel; Instandhaltung und Reparatur von Kraftfahrzeugen

Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 25.05.2023.

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 26.05.2023 .

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