Merger Notification - Announcement according to § 10 Cartel Act
OEP USCO B.V.; OEP Capital Advisors, L.P.
BWB/Z-6223
On 21.03.2023 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
OEP Neptune Fund I, SCSp (Luxembourg), a fund managed and controlled by affiliates of OEP Capital Advisors, L.P, USA, intends to acquire a 10% equity interest in USCO SpA, Italy, a manufacturer and distributor of components and spare parts for earth moving machines, directly from the other shareholder (ITR World S.p.A). This is in addition to the acquisition of a 49% equity interest in USCO SpA (currently held by another OEP fund) by OEP Neptune Fund I, SCSp, as described in notification BWB/Z-6111 - AlpInvest Partners B.V.; HarbourVest Partners, LLC; DWK Life Sciences GmbH; USCO SpA, in parallel/shortly before this transaction, such that in aggregate OEP Neptune Fund I, SCSp will indirectly hold 59% once both transactions have closed.
Industry sector: C - Verarbeitendes Gewerbe/Herstellung von Waren
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 18.04.2023.
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 19.04.2023 .