Merger Notification - Announcement according to § 10 Cartel Act
Der Search Fund; pharmacom Handels GmbH; binder pharma services gmbh
BWB/Z-7001
On 10.07.2025 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
Zelyx GmbH, currently wholly owned by Lacus Legacy GmbH, intends to indirectly via Noryx GmbH acquire all shares in and sole control over pharmacom Handels GmbH. As part of this transaction, pharmacom Handels GmbH intends to acquire all shares in and sole control over binder pharma services gmbh.
Simultaneously with the completion of these acquisitions, individually acting investors intend to acquire shares of less than 25% in Zelyx GmbH and thus indirectly via Noryx GmbH in pharmacom Handels GmbH and binder pharma services gmbh.
pharmacom Handels GmbH trades in pharmaceuticals and supplies public pharmacies3, while binder pharma services gmbh primarily supports and handles the operational aspects of pharmacom Handels GmbH's trading business using specific software solutions.
The proposed transaction constitutes a merger according to Sec 7 para 1 no 3 Cartel Act.
G - WHOLESALE AND RETAIL TRADE G 46 - Wholesale trade, G 46.4 - Wholesale of household goods, G 46.46 - Wholesale of pharmaceutical and medical goods, K - TELECOMMUNICATION, COMPUTER PROGRAMMING, CONSULTING, COMPUTING INFRASTRUCTURE AND OTHER INFORMATION SERVICE ACTIVITIES, K 62 - Computer programming, consultancy and related activities, K 62.9 - Other information technology and computer service activities, K 62.90 - Other information technology and computer service activities, K 63 - Computing infrastructure, data processing, hosting and other information service activities, K 63.1 - Computing infrastructure, data processing, hosting and related activities, K 63.10 - Computing infrastructure, data processing, hosting and related activities, N - PROFESSIONAL, SCIENTIFIC AND TECHNICAL ACTIVITIES, N 70 - Activities of head offices and management consultancy, N 70.2 - Business and other management consultancy activities, N 70.20 - Business and other management consultancy activities
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 21.08.2025.
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.
On 05.08.2025 the applicant requested the extension of the deadline for the submission of an application for examination by two weeks, pursuant to § 11 (1a) Cartel Act. The deadline for the submission of an application for examinations by the administrative authorities is extended by two weeks, thus ending on 21.08.2025.
Withdrawal of the Merger Application: The Applicant withdrew the Merger Application on 11.08.2025.