Merger Notification - Announcement according to § 10 Cartel Act
Glencore plc; Carbones del Cerrejon Limited
BWB/Z-5587
On 02.08.2021 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
The proposed transaction concerns the acquisition by various wholly-owned subsidiaries of Glencore plc of two respective 33.33% interests in and thereby sole control over Carbones del Cerrejon Limited; Cerrejon Zona Norte S.A. and CMC Coal Marketing DAC, i.e. the three companies which comprise the Cerrejon thermal coal mining joint venture in Colombia, in each of which Glencore plc already holds an indirect 33.33% interest.
The proposed transaction by which Glencore plc will increase its respective indirect shareholding to 100% takes place under separate but
inter-conditional sale purchase agreements.
The Proposed Transaction concerns the software sector.
The concentration concerns the sector for mining hard coal.
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 30.08.2021.
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 31.08.2021 .