Merger Notification - Announcement according to § 10 Cartel Act
O3 Holding GmbH; Meereslipide der DSM B.V.
BWB/Z-6693
On 23.08.2024 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 20.09.2024.
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.
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 21.09.2024 .