Merger Notification - Announcement according to § 10 Cartel Act
NS Blackwater Pty Limited; Whitehaven Blackwater Pty Ltd; Nippon Steel Corporation; Whitehaven Coal Limited; Blackwater Coal Mine
BWB/Z-6788
On 03.12.2024 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
Nippon Steel Corporation (Japan) intends to acquire, via its wholly-owned Australian subsidiary NS Blackwater Pty Limited, 20% ownership interest in the material assets of Blackwater Coal Mine, Australia (“BCM”), and as a result will have joint control over BCM, together with the current owner of BCM, Whitehaven Blackwater Pty Ltd (Australia), a wholly-owned subsidiary of Australian coal mining company Whitehaven Coal Limited. BCM is an open cut coal mine located in Queensland, Australia, that produces coking coal and thermal coal. Nippon Steel Corporation is a Japanese steel producer that uses (inter alia) coking coal as an input in its steel production.
B - MINING AND QUARRYING C - MANUFACTURING
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 02.01.2025.
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 03.01.2025 .