Merger Notification - Announcement according to § 10 Cartel Act
STRABAG AG; Josef Kurz & Co
BWB/Z-347
On the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
Industry sector: S - Erbringung von sonstigen Dienstleistungen
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 17.04.2007.
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.
The following commitments were delivered:
1.) The group STRABAG obliges not to acquire a structural engineering enterprise in Tyrol till 31.12.2010.
2.) Exempted are a unforeseeable merger because of higher meaning which coconcern structural engineering in Tyrol only to a relatively low part. Of course a such higher union plan would be announced at theBWB properly.
3.) The present obligation assent will loose her validity if the enterprises are not connected any more for will not be connected at all.
4.) If after release of the merger competitive circumstances change, the above obligation can be changed with agreement of BWB.
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 17.04.2007 .