Merger Notification - Announcement according to § 10 Cartel Act
O3 Holding GmbH; Meereslipide der DSM B.V.
BWB/Z-6662
On 26.07.2024 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
The concentration concerns (i) the envisaged (indirect) sale of the marine lipids business of DSM B.V., Netherlands, to O3 Holding GmbH, Germany, which is currently wholly-owned by certain funds managed by capiton AG as managing limited partner and capiton Admin GmbH as general partner, and operates as holding company of KD Pharma Group SA, Switzerland, and (ii) the subsequent (indirect) acquisition by DSM B.V. of a non-controlling 29 % stake in the share capital of KD Pharma Group SA, including the marine lipids business.
C - MANUFACTURING
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 06.09.2024.
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.
On 20.08.2024 the applicant requested the extension of the deadline for the submission of an application for examination by two weeks, pursuant to § 11 (1a) Cartel Act. The deadline for the submission of an application for examinations by the administrative authorities is extended by two weeks, thus ending on 06.09.2024.