Merger Notification - Announcement according to § 10 Cartel Act
Südbayerisches Portland-Zementwerk Gebr. Wiesböck & Co. GmbH; Asamer Baustoffe Holding GmbH & Co. KG
BWB/Z-6752
On 28.10.2024 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
Südbayerisches Portland-Zementwerk Gebr. Wiesböck & Co. GmbH, Rohrdorf, Germany, intends to acquire 49 % of the shares in and joint control over Asamer Baustoffe Holding GmbH & CO KG ("ABHO KG") and (ii) Asamer Baustoffe Holding GmbH ("ABHO GmbH"), both seated in Ohlsdorf, Austria, subject to the following commitments given by the undertakings concerned (§ 17(2) Cartel Act):
The transfer of the shares in ABHO KG and/or ABHO GmbH to Rohrdorfer as well as the empowerment of Rohrdorfer to exercise the associated governance rights will only take place after (i) both STRABAG AG and STRABAG SE have completely withdrawn from the group of shareholders of ASAMER Baustoff Holding Wien GmbH & Co. KG ("ABHO WIEN KG") and ASAMER Baustoff Holding Wien GmbH ("ABHO WIEN GmbH"), and only after (ii) STRABAG SE or a company affiliated with STRABAG SE has taken full control of (a) the concrete mixing plant Simmering (Wildpretstraße 5, 1110 Vienna) through an asset deal or otherwise from (indirectly) ABHO WIEN KG, and of (b) the concrete mixing plant Gerasdorf (Viktor Kaplan-Straße 2, 2201 Gerasdorf near Vienna) by terminating the currently existing lease agreement with (indirectly) ABHO WIEN KG, as described in the merger control filing to BWB/Z-6698.
Economic Sector: Manufacture of ready-mixed concrete.
Industry sector: C - Verarbeitendes Gewerbe/Herstellung von Waren
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 25.11.2024.
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 26.11.2024 .