Merger Notification - Announcement according to § 10 Cartel Act
The Goldman Sachs, Inc.; Xempus AG
BWB/Z-5904
On 16.03.2022 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
The Goldman Sachs Group, Inc., New York ("Goldman Sachs"), will make an indirect equity investment in Xempus AG, Germany ("Xempus"), resulting in the acquisition of joint control together with the current solely controlling shareholder of Xempus, HPE Growth B.V., the Netherlands ("HPE").
Industry sector: J - Information und Kommunikation
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 13.04.2022.
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 14.04.2022 .