Merger Notification - Announcement according to § 10 Cartel Act
Diebold, Incorporated; Wincor Nixdorf Aktiengesellschaft
On the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
Acquisition of sole control of Wincor Nixdorf Aktiengesellschaft (Paderborn, Germany) by Diebold, Incorporated (North Canton, the USA). The merger plan concerns the area of financial self-service solutions (IT solutions for banks).
Industry sector: C - Verarbeitendes Gewerbe/Herstellung von Waren
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 09.05.2016.
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 notifying party committed to conditions in order to remedy the competition law concerns. On this basis, the Federal Competition Authority and the Federal Cartel Prosecutor did not request an in-depth review of the merger by the Cartel Court. The corresponding legal background is § 17 Abs 2 2nd sentence KartG.
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 10.05.2016 .