Merger Notification - Announcement according to § 10 Cartel Act
BE Energy GmbH; PÜSPÖK Erneuerbare Energie GmbH
BWB/Z-6837
On 31.01.2025 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
PÜSPÖK Erneuerbare Energie GmbH, a wholly owned subsidiary of PÜSPÖK Holding GmbH and BE Energy GmbH, a wholly owned subsidiary of Burgenland Energie AG (all Austria), intend to create a full-function joint venture for the development, construction and operation of a photovoltaic plant in Zurndorf.
The intended concentration concerns the production of energy by photovoltaic plant and the supply of energy.
D 35.11 (Production of electricity) / D 35.14 (Trade of electricity).
D - ELECTRICITY, GAS, STEAM AND AIR CONDITIONING SUPPLY D 35 - Electricity, gas, steam and air conditioning supply, D 35.11 - Production of electricity from non-renewable sources, D 35.14 - Distribution of electricity
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 28.02.2025.
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 01.03.2025 .