Merger Notification - Announcement according to § 10 Cartel Act
BBA Capitalpartners GmbH & Co. KG; Athos KG; Bitburger Holding GmbH; Schülke & Mayr GmbH
BWB/Z-6342
On 11.08.2023 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
BBA Capitalpartners GmbH & Co KG ("BBA"), Athos KG ("Athos") and Bitburger Holding GmbH ("Bitburger") intend to jointly acquire 100 % of the shares in Schülke Topco GmbH and thereby indirectly in Schülke & Mayr GmbH (together with all subsidiaries "Schülke"). BBA intends to acquire approx. 17 % of the shares in and sole control over Schülke, Athos intends to acquire a non-controlling interest of approx. 48 % of the shares and Bitburger intends to acquire a non-controlling interest of approx. 36 % of the shares in Schülke.
Industry sector: C - Verarbeitendes Gewerbe/Herstellung von Waren G - Handel; Instandhaltung und Reparatur von Kraftfahrzeugen
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 08.09.2023.
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 09.09.2023 .