Merger Notification - Announcement according to § 10 Cartel Act
TK Co., Ltd.; KKR & Co. Inc.; JIC Capital, Ltd.; Topcon Corporation
BWB/Z-6972
On 17.06.2025 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
TK Co., Ltd., a Japanese corporation and special purpose vehicle currently indirectly wholly owned by investment funds, vehicles and/or accounts advised and managed by various subsidiaries of KKR &
Co. Inc., United States, announced a public tender offer for the acquisition of up to 100% of the shares and voting rights in Topcon Corporation, Japan, and a subsequent squeeze-out whereby TK Co., Ltd. will acquire all remaining shares which are not tendered in the public tender offer. Prior to closing of this transaction, it is expected that investment funds advised and managed by JIC Capital, Ltd., a Japanese corporation and a wholly owned subsidiary of Japan Investment Corporation, will acquire approx. 27% of the shares and voting rights in the direct parent company of TK Co., Ltd., TK Holdings Co., Ltd.
The concentration mainly concerns the market for the supply of ophthalmic devices and the market for the supply of construction and machine control equipment.
NACE Code: Manufacture of medical and dental instruments and supplies; Manufacture of data processing devices and peripheral devices.
C - MANUFACTURING C 26 - Manufacture of computer, electronic and optical products, C 26.2 - Manufacture of computers and peripheral equipment, C 26.20 - Manufacture of computers and peripheral equipment, C 32 - Other manufacturing, C 32.5 - Manufacture of medical and dental instruments and supplies, C 32.50 - Manufacture of medical and dental instruments and supplies
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 15.07.2025.
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 16.07.2025 .