Merger Notification - Announcement according to § 10 Cartel Act
WIEN ENERGIE GmbH; Windpark Group
BWB/Z-5760
On 12.11.2021 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
WIEN ENERGIE GmbH (Austria), a subsidiary of WIENER STADTWERKE GmbH (Austria), intends to acquire from Encavis GmbH (Germany), a subsidiary of Encavis AG (Germany), all shares and sole control over an already operating wind farm portfolio in Austria.
To date, WIEN ENERGIE GmbH (Austria) holds a non-controlling minority shareholding of 49% in the wind farm portfolio.
The wind farm portfolio consists of thethree wind farm project companies (i) Windpark Pongratzer Kogel GmbH, (ii) Windpark Herrenstein GmbH and (iii) Windpark Zagersdorf GmbH. The proposed concentration concerns the generation of energy.
Affected business areas: Electricity supply
Industry sector: D - Energieversorgung
Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 10.12.2021.
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 11.12.2021 .