Merger Notification - Announcement according to § 10 Cartel Act
Dr. Ing. h.c. F. Porsche Aktiengesellschaft; Erwerb von ca. 50% der Anteile [nicht kontrollierend] an der VARTA AG; Erwerb von ca. 70% der Anteile an und Alleinkontrolle über die V4Dr
BWB/Z-6737
On 07.10.2024 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
Dr Ing. h.c. F. Porsche Aktiengesellschaft, Germany, intends the following transactions:
- Acquisition through a subsidiary of Porsche of approximately 32% of the shares in VARTA AG, a German manufacturer of batteries and other energy storage devices. In addition, a company yet to be established, in which Porsche and a company controlled by DDr Michael Tojner will each hold a 50% stake, will hold a further 36% and another company controlled by DDr Michael Tojner will hold the remaining 32% of the shares in VARTA AG. Neither Porsche nor DDr Michael Tojner will be able to exercise sole or joint control over VARTA AG.
- Acquisition of approx. 70% of the shares in and sole control over V4Drive Battery GmbH, whose shares are currently still fully held by VARTA AG.
C - MANUFACTURING
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 04.11.2024.
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 05.11.2024 .