Merger Notification - Announcement according to § 10 Cartel Act

Mutares SE & Co. KGaA; Peugeot Motocycles S.A.S.; Mahindra & Mahindra Ltd. - BWB/Z-6145 | Bundeswettbewerbsbehörde

Mutares SE & Co. KGaA; Peugeot Motocycles S.A.S.; Mahindra & Mahindra Ltd.

BWB/Z-6145

13.12.2022

On 13.12.2022 the Austrian Federal Competition Authority was notified of the following merger:

Planned purchase process

Mutares SE & Co. KGaA, Germany, intends to indirectly acquire 50% of the capital shares and 80.01% of the voting and control rights in and thus sole control over Peugeot Motocycles S.A.S., France. The seller Mahindra Two Wheelers Europe Holdings S.à.r.l., Luxembourg, a wholly-owned subsidiary of Mahindra & Mahindra Ltd., India, will retain a non-controlling stake of 50% of the share capital and 19.99% of the voting and control rights in the Target.

The transaction relates to two-wheeled and three-wheeled motor vehicles.
ÖNACE Code C 29.10 Manufacture of motor vehicles and engines

Industry sector: C - Verarbeitendes Gewerbe/Herstellung von Waren

Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 10.01.2023.

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 11.01.2023 .

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