Merger Notification - Announcement according to § 10 Cartel Act
KME SE; Aurubis AG
BWB/Z-5945
On 26.04.2022 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
KME SE, Osnabrück, Germany, intends to acquire parts of the flat rolled product business of Aurubis AG, Hamburg, Germany, through the purchase of all shares in and conse-quently sole control over Aurubis Netherlands B.V., Amsterdam, Netherlands, Aurubis UK Ltd., Smethwick, UK, Aurubis Mortara S.p.A., Mortara, Italy, Aurubis Slovakia, s.r.o., Dolny Kubin, Slovakia and Aurubis Middle East FZE, Dubai, UAE.
The transaction constitutes a concentration pursuant to Section 7 (1) (3) and (5) Cartel Act.
Economic sectors: NACE C.24.44 - Copper production
Industry sector: C - Verarbeitendes Gewerbe/Herstellung von Waren
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 24.05.2022.
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 25.05.2022 .