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H+H International A/S Announces Xella's Appeal Regarding Oberlandesgericht Dusseldorf’s Rejection of Xella’s Objections to Bundeskartellamt’s Prohibition Decision on Possible Merger


Monday, 11 Nov 2013 02:01pm EST 

H+H International A/S announced that Xella International Holdings S.a.r.l.s (Xella) has appealed the Oberlandesgericht Dusseldorf’s rejection of Xella’s objections to the Bundeskartellamt’s prohibition decision. Xella has shown interest in taking over H+H. The Bundeskartellamt (the German competition authority) decided on March 14, 2012 to prohibit a possible merger between Xella and H+H with regard to the German market. Subsequently, Xella appealed the prohibition decision to the Oberlandesgericht Dusseldorf (Dusseldorf Higher Regional Court), but the court rejected Xella’s objections against the Bundeskartellamt’s prohibition decision and the court furthermore denied Xella access to appeal the court’s judgement, cf. company announcement no. 289 of September 25, 2013. It is estimated that the current appeal will be decided upon within 6-18 months. In case Xella wins the appeal and is granted access to appeal the Oberlandesgericht Dusseldorf’s rejection of Xella’s objections to the Bundeskartellamt’s prohibition decision, a judgement in the subsequent appeal case is expected within an additional 12-24 months. 

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