Merger Notification - Announcement according to § 10 Cartel Act
Saudi Arabian Industrial Investments Company; Broad Peak Diamond SLP LP; Asia Green Fund Management Limited; DuPont Clean Technologies
BWB/Z-5409
On 12.05.2021 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
The Saudi Arabian Industrial Investments Company (Dussur) (Saudi Arabia), Broad Peak Diamond SLP LP (Cayman Islands), and Asia Green Fund Management Limited, Cayman Islands, intend to acquire, indirectly through a newly established, jointly controlled holding company, i.e. Diamond Cleantech Holdings, LP (Cayman Islands), joint control over DuPont Clean Technologies which comprises all shares in DuPont Technologies Holding Company, Inc., Belco Technologies Corporation and Refining Technology Solutions LLC (all USA) as well as certain assets. The Saudi Arabian Industrial Investments Company (Dussur), Broad Peak Diamond SLP LP and Asia Green Fund Management Limited, will jointly hold 53.19% of the shares in Holdco, and, thus, indirectly in the Target Business. In addition, Tensile Capital Partners Master Fund LP, Cayman Islands, will acquire a non-controlling shareholding of approx. 46.81% in Diamond Cleantech Holdings, LP and, thus, indirectly in the Target Business.
The concentration concerns clean technologies, i.e. processes, products, or services that reduce the negative environmental impacts through significant energy efficiency improvements, the sustainable use of resources, or environmental protection activities.
Affected business area: Provision of Services in relation to the production of mineral oil and natural gas
Industry sector: B - Bergbau und Gewinnung von Steinen und Erden
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 09.06.2021.
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 10.06.2021 .