Merger Notification - Announcement according to § 10 Cartel Act

Flora Bidco GmbH; Compo Gruppe - BWB/Z-5458 | Bundeswettbewerbsbehörde

Flora Bidco GmbH; Compo Gruppe

BWB/Z-5458

11.06.2021

On 11.06.2021 the Austrian Federal Competition Authority was notified of the following merger:

Planned purchase process

Duke Street LLP (“Duke Street”) and The Baupost Group, L.L.C. (“Baupost”) intend to indirectly acquire through a jointly controlled fund the majority of the shares in and thereby indirect joint control over 24 companies together forming the COMPO Group. COMPO Group is active in the manufacturing and sale of branded retail gardening products, incl. growing media, fertilizers, plant protection, biocides and lawn seeds.

Duke Street is a private equity investment and advisory firm based in London, United Kingdom, which operates in four sectors: consumer, healthcare, industrials & engineering and services.

Baupost is an investment management firm based in Boston, Massachusetts, USA, and is regulated by the U.S. Securities and Exchange Commission.

Baupost manages numerous investment partnerships and has sole control over those investment partnerships. 

Affected business areas: Retail gardening products.

 

Industry sector: G - Handel; Instandhaltung und Reparatur von Kraftfahrzeugen

Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 09.07.2021.

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 10.07.2021 .

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