The Austrian Federal Competition Authority (AFCA) received notification of the merger on 10 January 2024 (BWB/Z-6472). Südbayerisches Portland-Zementwerk Gebr. Wiesböck & Co. GmbH (“Rohrdorfer”) notified its intention of acquiring 49% of the shares in and gaining joint control of ASAMER Kies- und Betonwerke GmbH (“Asamer”). In February 2024, the AFCA filed a request for examination with the Cartel Court, in which it applied for an in-depth analysis of the merger after horizontal competition concerns regarding the market for ready-mixed concrete in Upper Austria were raised in the course of its investigations. In the AFCA’s view, the merger could have resulted in higher prices or less favourable terms for buyers of ready-mixed concrete in Upper Austria. The merger therefore could not be cleared in its notified form (see also press release of 22 February 2024).
The AFCA did not believe that its competition concerns had been addressed during the Phase II investigation before the Cartel Court. Rohrdorfer ultimately withdrew its merger notification on 12 July 2024. This means that the standstill obligation continues to apply, subject to a new notification/investigation. In this context, the AFCA also withdrew its request for examination at the same time. This had been filed on 21 February 2024, and its withdrawal is a purely procedural legal requirement.