Merger Notification - Announcement according to § 10 Cartel Act

MTS Milchtrocknung Südhannover eG; Biolac GmbH & Co. KG; Biolac Verwaltungsgesellschaft mbH - BWB/Z-5623 | Bundeswettbewerbsbehörde

MTS Milchtrocknung Südhannover eG; Biolac GmbH & Co. KG; Biolac Verwaltungsgesellschaft mbH

BWB/Z-5623

19.08.2021

On 17.08.2021 the Austrian Federal Competition Authority was notified of the following merger:

Planned purchase process

MTS Milchtrocknung Südhannover eG ("MTS"), D-31195 Lamspringe, intends to acquire, in addition to its 50% shareholding, a further 50% of the shares and thus sole control with 100% of the shares in Biolac GmbH & Co. KG ("Biolac") and its general partner, Biolac Verwaltungsgesellschaft mbH, both in D-31195 Lamspringe, from Arla Biolac Holding GmbH ("Arla"), D-31097 Harbarnsen, an associated company of the
Danish-Swedish dairy group Arla Foods amba ("Arla Foods"), DK-8260 Viby.

In addition, Biolac will take over from Arla Foods Ingredients Group P/S ("Arla FIG"), DK-8260 Viby, another associated company of Arla Foods, customer data (contact persons and corresponding contact details) relating to the distribution of the products manufactured by Biolac, which was previously taken over by Arla FIG, and which is necessary for the future support of these customers by Biolac. This does not include customer data relating to the distribution of the whey protein concentrate "MIA 45".

Industry sector: C - Verarbeitendes Gewerbe/Herstellung von Waren

Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 14.09.2021.

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 15.09.2021 .

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