Merger Notification - Announcement according to § 10 Cartel Act
Ardian SA; Freshstream Investment Partners LLP; Bregal Freshstream LP
BWB/Z-5234
On 29.01.2021 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
In a first step, Ardian SA, Paris, France, intends to indirectly acquire, via certain funds, all of Bregal Investment IV LP's, St Helier, Jersey, interests in the limited partnership Bregal Freshstream LP, St Helier, Jersey. Ardian SA will not acquire control of Bregal Freshstream LP or any of the underlying portfolio investments; Ardian SA will only acquire a (non-controlling) limited partnership interest. Bregal Freshstream General Partner Jersey Limited is currently the general partner of Bregal Freshstream LP, while Freshstream Investment Partners LLP, London, UK, is its sub-advisor. In a second step, it is envisaged that Freshstream Investment Partners LLP will replace the current general partner with a general partner controlled by Freshstream Investment Partners LLP and therefore acquire sole control over Bregal Freshstream LP.
Economic Sector: Financial service activities, except insurance and pension funding; Trusts, funds and similar financial entities; fund management
activities ;Manufacture of leather and related products.
Industry sector: C - Verarbeitendes Gewerbe/Herstellung von Waren K - Erbringung von Finanz- und Versicherungsdienstleistungen
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 26.02.2021.
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 27.02.2021 .