Merger Notification - Announcement according to § 10 Cartel Act

DMK Deutsches Milchkontor GmbH; Fude + Serrahn Vermögensverwaltungsgesellschaft mbH Group - BWB/Z-5735 | Bundeswettbewerbsbehörde

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.

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 27.11.2021 .

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