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Merger Notification - Announcement according to § 10 Cartel Act

International Business Machines Corporation; HashiCorp Inc. - BWB/Z-6579 | Bundeswettbewerbsbehörde

International Business Machines Corporation; HashiCorp Inc.

BWB/Z-6579

17.05.2024

On 17.05.2024 the Austrian Federal Competition Authority was notified of the following merger:

Planned purchase process

The Proposed Transaction relates to International Business Machines Corporation's proposed acquisition of 100 % of the shares in and sole control over HashiCorp Inc., a public company listed on NASDAQ that provides hybrid cloud infrastructure automation software for provisioning, securing, and connecting cloud-native infrastructure resources.

Economic Sectors: Computer programming activities; Computer consultancy services.

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

Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 14.06.2024.

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 15.06.2024 .

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