DMK Deutsches Milchkontor GmbH; Fude + Serrahn Vermögensverwaltungsgesellschaft mbH Group

On 29.10.2021 the Austrian Federal Competition Authority was notified of the following merger:

Planned purchase process

Fude + Serrahn Vermögensverwaltungsgesellschaft mbH ("F+S Vermögensverwaltung"), Hamburg, Germany, intends to increase its shares

· in Fude + Serrahn Milchprodukte GmbH & Co. KG ("F+S KG"), Hamburg, Germany, from currently 49% to 89,9% and

· in its general partner Fude + Serrahn Milchprodukte GmbH ("F+S GmbH"), Hamburg, Germany, from currently 48,8% to 89,9% and to purchase the necessary shares from DMK Deutsches Milchkontor GmbH ("DMK"), Zeven, Germany. The remaining shares of 10,1% each will stay with DMK. DMK und F+S Vermögensverwaltung will control F+S KG and its general partner F+S GmbH jointly. The seller and the target company are engaged in the "operation of dairies (without the manufacturing of ice cream)", ÖNACE C 10.51, the seller (but not the target company) also in the "manufacturing of ice cream", ÖNACE C 10.52. The acquirer currently mainly holds the 49% stake in F+S KG (as well as 48.8% of the shares in F+S GmbH) and also operates a brokerage business for grain to a minor extent (only approx. EUR 50,000 in sales in 2020 with a single Polish customer).

Industry sector: C - Verarbeitendes Gewerbe/Herstellung von Waren

Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 26.11.2021.

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.

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