Merger Notification - Announcement according to § 10 Cartel Act
erdgas schwaben gmbh; MAXENERGY GmbH; MAXENERGY Austria Handels GmbH
BWB/Z-5375
On 20.04.2021 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
erdgas schwaben gmbh with its corporate seat in Augsburg, Germany, whose shares are held directly by Thüga Aktiengesellschaft with its corporate seat in Munich, Germany, and indirectly by Stadtwerke Augsburg Holding GmbH with its corporate seat in Augsburg, Germany, intends to acquire sole control and all shares in MAXENERGY GmbH, with its corporate seat in Augsburg, Germany, and MAXENERGY Austria Handels GmbH, with its corporate seat in Dornbirn, Austria. MAXENERGY GmbH and MAXENERGY Austria Handels GmbH are active in the end customer business in the supply of electricity and gas in Germany and Austria. This is a pure distribution business without own generation.
Business sector concerned: trade of electricity; trade of gas through mains.
Industry sector: D - Energieversorgung
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 18.05.2021.
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 19.05.2021 .