Merger Notification - Announcement according to § 10 Cartel Act
Auctus Gruppe; Cruiseadors GmbH; Digitalberatung GmbH; mediaworx berlin AG; Kamano GmbH; klaro Media GmbH EComCon GmbH; Leonex Internet GmbH Xenoel Internet Services GmbH; Hanse CRM GmbH
BWB/Z-5761
On 12.11.2021 the Austrian Federal Competition Authority was notified of the following merger:
Planned purchase process
Funds, which are controlled by the AUCTUS Group, Germany, intend to acquire indirectly through AUCTUS 132. Beteiligungsgesellschaft mbH, Germany, in which they will ultimately hold approximately 62.68% of its shares, all shares in and sole control over MAI Marketing Automation Intelligence GmbH, Germany, a Holding Company. As part of the same intended transaction, MAI Marketing Automation GmbH intends to acquire ultimately all shares in and thereby sole control over each of the following operative target companies:
- Cruiseadors GmbH, Germany;
- Digitalberatung GmbH, Austria (including its 100% subsidiary Digitalberatung
CX GmbH, Germany);
- mediaworx berlin AG, Germany;
- Kamano GmbH, Germany;
- klaro Media GmbH / eComCon GmbH, Germany;
- Leonex Internet GmbH / Xenoel Internet Services GmbH, Germany; and
- Hanse CLM GmbH, Germany.
In summary, following the completion of the intended transaction, AUCTUS Group (indirectly
through AUCTUS 132. Beteiligungsgesellschaft mbH) shall exercise sole control over MAI Marketing Automation GmbH as well as the operative target companies. No shareholder other than AUCTUS Group will acquire shares/voting rights of 25% or more in and/or have (defacto) joint control over AUCTUS 132. Beteiligungsgesellschaft mbH, MAI Marketing Automation Intelligence GmbH and the operative target companies.
Industry sector: J - Information und Kommunikation
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 .