Merger Notification - Announcement according to § 10 Cartel Act
EQT Fund Management S.à.r.l.; SUSE Linux GmbH; mertus 435. GmbH; SUSE LLC
BWB/Z-4042
On 31.07.2018 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
EQT VIII acting by its manager EQT Fund Management S.à.r.l. (Luxembourg, Luxembourg) intends to indirectly acquire 100% of the shares in and sole control over SUSE Linux GmbH (Nuremberg, Germany), mertus 435. GmbH (Frankfurt am Main, Germany), to be renamed SUSE International Holdings GmbH, and SUSE LLC (Boston, USA). The intended concentration concerns operating systems for servers and other infrastructure software.
Industry sector: J - Information und Kommunikation
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 28.08.2018.
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 29.08.2018 .