Merger Notification - Announcement according to § 10 Cartel Act
EIP Ruby Renewables Invest GmbH; BayWa r.e. renewable energy GmbH
On 18.12.2020 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
By way of an increase of capital, EIP Ruby Renewables Invest GmbH, Germany, which is under indirect sole control by Energy Infrastructure Partners AG, Switzerland, intends to acquire a non-controlling participation of 49% of the shares and voting rights of BayWa r.e. renewable energy GmbH, Germany.
The concentration concerns the development, planning, project management, financing and turn-key construction of plants for the production, storage and utilization of energy from renewable energy sources (e.g. wind, biomass and solar energy) and the provision of related services (surveillance, data management), the supply of solar/photovoltaic components as well as the direct marketing of electricity.
ÖNACE Code: C 41.20 Construction of buildings
Industry sector: C - Verarbeitendes Gewerbe/Herstellung von Waren
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 15.01.2021.
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 16.01.2021 .