Merger Notification - Announcement according to § 10 Cartel Act

Everest Bidco; InVivo Group SA; Malteries Soufflet SAS - BWB/Z-6327 | Bundeswettbewerbsbehörde

Everest Bidco; InVivo Group SA; Malteries Soufflet SAS

BWB/Z-6327

24.07.2023

On 24.07.2023 the Austrian Federal Competition Authority was notified of the following merger:

Planned purchase process

Everest Bidco S.C.A., a special purpose vehicle indirectly wholly-owned by investment funds, vehicles and/or accounts advised and managed by various subsidiaries of KKR & Co. Inc. (together with its subsidiaries, KKR) intends to acquire a minority equity stake of 5-10% in Malteries Soufflet SAS (the Target), in which Malt Bidco Holdings S.C.A., another special purpose vehicle indirectly wholly-owned by investment funds, vehicles and/or accounts advised and managed by KKR., currently holds a non-controlling minority stake of 24.93%, while the current controlling shareholder of the Target, InVivo Group SA, will retain sole control over the Target. The concentration concerns the production and sale of malt.  

ÖNACE Code: C 11.06 – Production of malt 

Industry sector: C - Verarbeitendes Gewerbe/Herstellung von Waren

Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 21.08.2023.

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 22.08.2023 .

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