The German Federal Supreme Court and the Düsseldorf Court of Appeals overrule the Competition Authority’s prohibition and dissolution of a merger in the market for cartridges in the construction and industrial sector and fittings for medical and dental treatments (Sulzer / Kelmix / Werfo)

Transaction and Parties Sulzer Markets & Technology AG intended to acquire 75,1% of Kelmix Holding AG , 76% of Werfo AG, 76% of Mold AG and 100% of the founder’s rights of Mold Anstalt. Sulzer and Kelmix manufacture, among other things, two-component cartridges used for the filling of silicon adhesives, for example, in the construction and the industrial sector or impression materials used in dental treatment. Kelmix subsidiary Mixpac pre-merger was considered to have a dominant position on the European market for two-component cartridges and fittings for medical and dental treatments. Looking at the European market and the application of these cartridges in the construction and industrial sector, the FCO considered that the merger would establish a dominant market position for the