Prior notification of a concentration (Case M.11135 – PORR / RIGIPS / SAUBERMACHER / JV) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 239/07
Date: 2023-07-06
Institutions: Directorate-General for Competition, European Commission
Subjects: building industry, economic concentration, environmental protection, merger control, waste management








C_2023239EN.01008201.xml










6.7.2023   


EN


Official Journal of the European Union


C 239/82






Prior notification of a concentration
(Case M.11135 – PORR / RIGIPS / SAUBERMACHER / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 239/07)

1.   
On 28 June 2023, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


PORR Umwelttechnik GmbH (‘PORR’, Austria), jointly controlled by the Strauss Group and the IGO Industries Group,










—


Saint-Gobain Austria GmbH (‘Rigips’, Austria), controlled by Compagnie de Saint-Gobain SA,










—


Saubermacher Bau Recycling und Entsorgung GmbH (‘Saubermacher’, Austria), controlled by Roth Privatstiftung.




PORR, Rigips und Saubermacher will acquire, within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation, joint control of the newly created joint venture.
The concentration is accomplished by way of purchase of shares in a new joint venture (‘the JV’, Austria).


2.   
The business activities of the undertakings concerned:






—


PORR is part of the PORR Group, which is a full-service provider in the construction sector and carries out construction projects in Europe and abroad. The PORR Group is also active, inter alia, in the field of technical environmental protection.










—


Rigips is part of the Saint-Gobain Group. The group has a global focus on innovative materials, high performance plants and construction products. Under the Rigips brand, Saint-Gobain Austria GmbH produces speciality and acoustic panels, powder products and caulking compounds in Austria in the light construction sector, as well as selling profile technology, accessories and insulating materials.










—


Saubermacher provides construction waste services for private customers, commercial and municipal users. The Saubermacher Group as a whole offers a range of services in Austria and its neighbouring countries (as well as Croatia) along the waste value chain, from collection and treatment to recovery and disposal.






3.   

The fully operational JV will operate in the following business areas: Construction and operation of a gypsum recycling facility in Stockerau, Austria.



4.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


5.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.11135 – PORR / RIGIPS / SAUBERMACHER / JV
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.