Merger Notification - Announcement according to § 10 Cartel Act

40 North Latitude Master Fund Ltd.; Clariant Ltd. - BWB/Z-3736 | Bundeswettbewerbsbehörde

40 North Latitude Master Fund Ltd.; Clariant Ltd.

BWB/Z-3736

29.11.2017

On 29.11.2017 the Austrian Federal Competition Authority was notified of the following merger:

Planned purchase process

40 North Latitude Master Fund Ltd. (Grand Cayman, Cayman Islands), a private investment fund under management of 40 North Management LLC (New York, USA), directly holds a shareholding of approximately 6% and indirectly holds a shareholding of 15.1% (through White Tale Holdings LP) in Clariant Ltd. (Muttenz, Switzerland). 40 North Latitude Master Fund Ltd. intends to increase its existing shareholding in Clariant Ltd. by at least additional 4% leading to an overall shareholding (direct and indirect) in Clariant of more than 25%.

Industry sector: I - Gastgewerbe/Beherbergung und Gastronomie

Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 27.12.2017.

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 28.12.2017 .

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