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Merger Notification - Announcement according to § 10 Cartel Act

JFE Steel (BW) Pty Ltd; JFE Holdings, Inc.; BW Coal Mine; Whitehaven Coal Limited - BWB/Z-6778 | Bundeswettbewerbsbehörde

JFE Steel (BW) Pty Ltd; JFE Holdings, Inc.; BW Coal Mine; Whitehaven Coal Limited

BWB/Z-6778

22.11.2024

On 22.11.2024 the Austrian Federal Competition Authority was notified of the following merger:

Planned purchase process

JFE Holdings, Inc., Japan, intends to indirectly acquire a 10% ownership interest in the material assets of Blackwater Coal Mine, Australia, and form a joint venture with (i) a subsidiary of the current owner, Whitehaven Coal Limited, Australia, and (ii) a subsidiary of Nippon Steel Corporation, Japan, which intends to acquire a 20% ownership interest in the Blackwater Coal Mine.
Due to the joint venture agreement, JFE Holdings, Inc. will have joint control over the Blackwater Coal Mine, in the event that and for as long as there are only two participants in the joint venture. The Blackwater Coal Mine is an open cut coal mine located in Queensland, Australia, that produces coking coal and thermal coal.
Business sectors concerned: Mining of hard coal; Mining of lignite.

B - MINING AND QUARRYING

Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 20.12.2024.

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 21.12.2024 .

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