Merger Notification - Announcement according to § 10 Cartel Act
Invest Unternehmensbeteiligungs Aktiengesellschaft; ALUK-Privatstiftung; Kapsch BusinessCom AG
BWB/Z-5524
On 08.07.2021 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
The notified concentration concerns the acquisition of a (co-)controlling influence in Kapsch BusinessCom AG by Invest Unternehmensbeteiligungs Aktiengesellschaft (economic owner: Privatstiftung für die Standorterhaltung in Oberösterreich) by acquisition of a stake of around 17,4% of the newly founded KBC Beteiligungs GmbH, which is to hold a stake of 94,88% of Kapsch BusinessCom AG after the implementation of the concentration. Kapsch BusinessCom AG is the parent company of the KBC Group.
A further around 70,8% of KBC Beteiligungs GmbH, which is to hold a stake of 94.88% of Kapsch BusinessCom AG after implementation of the concentration, is to be held by ALUK-Privatstiftung, which holds (indirectly) a stake of approximately 1/3 of Kapsch BusinessCom AG so far.
Economic sector(s) concerned: information technology services
Industry sector: J - Information und Kommunikation
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 05.08.2021.
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 06.08.2021 .