Prior notification of a concentration (Case M.11069 – KUBIKX / VEROO / 9.5 VENTURES / HEYLOG) – Candidate case for simplified procedure
Date: 2023-10-19
Institutions: Directorate-General for Competition, European Commission
Subjects: carriage of goods, cloud computing, consultancy, digital technology, economic concentration, merger control, software, start-up, telecommunications, vehicle fleet, venture capital








C_202300368EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/368


19.10.2023






Prior notification of a concentration
(Case M.11069 – KUBIKX / VEROO / 9.5 VENTURES / HEYLOG)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2023/368)


1.   
On 6 October 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:






—


KUBIKx GmbH (‘KUBIKx’), Germany, controlled by Schmitz Cargobull AG,










—


VEROO GmbH (‘VEROO’), Austria, a group company of ‘WALTER GROUP’, i.e., the corporate group under control of AKF-Privatstiftung, Austria, that also includes WaVe-X Holding GmbH (‘WaVe-X’), Austria,










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9.5 Magnitude Ventures NV (‘9.5. Ventures’), Belgium, being a European Venture Capital Fund,










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Heylog GmbH (‘Heylog’ or the ‘Target’), Austria, controlled pre-Transaction by KUBIKx and 9.5 Ventures.




VEROO (and later WaVe-X), KUBIKx and 9.5 Ventures acquire, within the meaning of Article 3(1), point (b) and Article 3(4) of the Merger Regulation, joint control of Heylog.
The concentration is accomplished through the purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






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KUBIKx specializes in the development of digital solutions in the field of fleet management as well as for transport and logistics processes,










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VEROO engages in the development of IT and software solutions and renders consultancy services, in particular in the area of freight. WaVe-X was founded in December 2022 and serves as WALTER GROUP's venture capital investment vehicle. Its sole purpose is the founding and managing of companies and participations. Upon completion of the transaction, VEROO will transfer its newly acquired shares in Heylog group-internally to WaVe-X,










—


9.5 Ventures is a European Venture Capital Fund that partners with corporates to create or invest in tech-based (corporate) startups,










—


Heylog is a telecommunication service provider startup in the transport sector and engages in the development, manufacturing, and commercialization of a cloud-based software platform.






3.   
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 treatment for certain concentrations under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


4.   
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.11069 – KUBIKX / VEROO / 9.5 VENTURES / HEYLOG
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 160, 5.5.2023, p. 1.


ELI: http://data.europa.eu/eli/C/2023/368/oj
ISSN 1977-091X (electronic edition)