Merger Notification - Announcement according to § 10 Cartel Act
aptus 2403. GmbH; 3i Group plc; OMS-Gruppe
BWB/Z-6831
On 22.01.2025 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
The intended concentration concerns the indirect acquisition of up to 49.9% of the voting rights and more than 50% of the shares in and negative sole control over companies of the OMS Group (i.e. OMS Prüfservice GmbH (Lorch-Waldhausen, Germany), OMS Vertriebsgesellschaft mbH (Garbsen, Germany), OMS Prüfservice GmbH (Vienna, Austria), Frenus AG (Pratteln, Switzerland), OMS E-Mobility GmbH (Garbsen, Germany), OMS Connect GmbH (Lorch-Waldhausen, Germany), Hyperio Software Limited (Limassol, Cyprus) and Alphatop Sp. Z o.o (Wroclaw, Poland)) by 3i Group plc (London, United Kingdom), via aptus 2403. GmbH (Frankfurt, Germany; in the future:
Marathon BidCo GmbH). The intended concentration concerns the area of safety testing of electrical equipment, systems and machines.
Affected business areas: Technical testing and analysis
N - PROFESSIONAL, SCIENTIFIC AND TECHNICAL ACTIVITIES N 71.20 - Technical testing and analysis
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 19.02.2025.
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 20.02.2025 .