Merger Notification - Announcement according to § 10 Cartel Act
EWE AG; Enercon GmbH
BWB/Z-5208
On 14.01.2021 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
EWE AG (Oldenburg, Germany) and Enercon GmbH (Aurich, Germany) intend to create two 50/50 joint ventures which will mainly be active in (i) project management, installation, and maintenance of wind turbines (wind farms) and (ii) the operation of their own wind turbines (wind farms) (activities of the first joint venture) as well as (iii) the direct marketing of electricity generated from wind farms (activities of the second joint venture).
The Transaction concerns the following business activities: Electric power generation, transmission and distribution, Production of electricity, Trade of electricity.
Industry sector: D - Energieversorgung
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 11.02.2021.
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 12.02.2021 .