The Austrian Federal Competition Authority (AFCA) has filed two applications to impose a fine on ADOMO Beteiligung GmbH on 6 December, 2022. The company had carried out two illegal mergers. It reported itself to the authorities, and the AFCA applied for fines in the amounts of EUR 65,000 and EUR 85,000 respectively. The mergers subject to notification obligations were carried out over the period from June/November 2020 to January 2022, without first notifying the AFCA as required by law. The company has acknowledged the infringements.
Illegal mergers are mergers subject to notification obligations that are implemented without approval or in a manner, that deviates from the approved transaction. The Cartel Court may impose fines for illegal mergers at the request of the AFCA.
The total amount of fines imposed for illegal mergers is EUR 14 million. The highest single fine was EUR 9.6 million; it was imposed on Facebook for its illegal merger with Giphy (see our press release of 31 August 2021).