Merger Notification - Announcement according to § 10 Cartel Act
CVC Capital Partners SICAV-FIS S.A.; Poseidon Holding, LLC
BWB/Z-5658
On 06.09.2021 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
OceanKey (U.S.) II Corp. (Delaware / USA), an acquisition vehicle to be indirectly owned by certain funds managed by one or more direct or indirect subsidiaries of CVC Capital Partners SICAV-FIS S.A. (Luxembourg / Luxembourg), intends to indirectly acquire sole control over Poseidon Holding, LLC (Delaware / USA).
Such acquisition will include the direct and indirect subsidiaries of Poseidon Holding, LLC, including, without limitation, MediaOcean, LLC (Delaware / USA).
The proposed concentration concerns the provision of software to manage the media buying lifecycle.
Affected industry: Provision of information technology services
Industry sector: J - Information und Kommunikation
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 04.10.2021.
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 05.10.2021 .