Merger Notification - Announcement according to § 10 Cartel Act

Cerberus Capital Management LP; HSH Nordbank AG - BWB/Z-3873 | Bundeswettbewerbsbehörde

Cerberus Capital Management LP; HSH Nordbank AG

BWB/Z-3873

28.03.2018

On 28.03.2018 the Austrian Federal Competition Authority was notified of the following merger:

Planned purchase process

Certain private investment funds managed by Cerberus Capital Management LP (New York / United States) intend to acquire a non-controlling minority stake of more than 25% in HSH Nordbank AG (Hamburg and Kiel / Germany). The intended concentration concerns banking services.

Industry sector: K - Erbringung von Finanz- und Versicherungsdienstleistungen

Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 25.04.2018.

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 26.04.2018 .

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