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Merger Notification - Announcement according to § 10 Cartel Act

TopCo Breteuil S.A.S; SHOW Holding S.C.A. - BWB/Z-6562 | Bundeswettbewerbsbehörde

TopCo Breteuil S.A.S; SHOW Holding S.C.A.

BWB/Z-6562

29.04.2024

On 29.04.2024 the Austrian Federal Competition Authority was notified of the following merger:

Planned purchase process

TopCo Breteuil S.A.S. intends to indirectly acquire at least 50% of the capital shares (but without any change of control) in SHOW Holding S.C.A (the Target). The Target is a (mere) holding entity, which has no business activities other than holding 100% of the shares in LEONINE Beteiligungs GmbH and indirectly in the latter's subsidiaries. The concentration does not lead to a change of control as the Target currently is and will remain controlled by investment funds, vehicles and/or accounts advised or managed by various subsidiaries of KKR & Co. Inc. The proposed transaction takes place in the context of an internal group restructuring.  

The concentration concerns the production of different kinds of audio-visual content for TV and the supply of (commissioned or pre-produced) TV content to third parties (such as TV broadcasters and platform operators).

ÖNACE Code: J 59.11 Production of films, video films and television programmes.

J - PUBLISHING, BROADCASTING, AND CONTENT PRODUCTION AND DISTRIBUTION ACTIVITIES

Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 27.05.2024.

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 28.05.2024 .

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