Merger Notification - Announcement according to § 10 Cartel Act
Enel S.p.A.; CVC Capital Partners SICAV-FIS SA
BWB/Z-6409
On 17.10.2023 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
Gridspertise s.r.l., which is indirectly co-owned by the Enel Group and CVC Capital Partners Group, and Cuculus GmbH, which is owned by several minority shareholders, intend to establish the jointly controlled fulfunction joint venture neugemacht GmbH, which shall offer hard-ware and software solutions for energy suppliers as well as for service providers in this sector. The two founders of neugemacht GmbH are predominantly active in the field of programming and the provision of other IT services.
The proposed transaction might fulfil the conditions of a merger under section 7 para 2 KartG.
Industry sector: J - Information und Kommunikation
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 14.11.2023.
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 15.11.2023 .