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Illegal merger - Heise Medien GmbH & Co. KG

On 5 December 2022, the Cartel Court imposed a fine of EUR 18,000 on Heise Medien GmbH & Co. KG (25 Kt 9/22v) following a request submitted by the Austrian Federal Competition Authority (AFCA) due to the illegal acquisition of 100% of the shares and thus sole control of yeebase media GmbH.

The acquisition was carried out on 14 December 2021. On 14 January 2022, Heise notified the AFCA belatedly of the merger, voluntarily reporting the offence. On 12 February 2022, the merger was cleared since it raised no competition concerns. The merger had thus been implemented without clearance between the period from 14 December 2021 to 11 February 2022.

Heise Medien GmbH & Co.KG did not contest the facts on which the decision is based. The decision is final.

Heise Medien GmbH & Co. KG publishes computer and technology magazines, electronic media, non-fiction and fiction, as well as regional issues of telecommunications, industry and address directories. The company also operates several online platforms and offers various online advertising services.

yeebase media GmbH operates the t3n.de platform for the digital industry.

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.

Decision

Pursuant to § 29 para. 1 (a) in conjunction with § 17 para. 1 of the Federal Cartel Act (KartG), a fine in the amount of EUR 18,000 is imposed on the respondent for an illegal merger implemented between 14 December 2021 and 11 February 2022; the acquisition of sole control of yeebase media GmbH, Hannover, Germany was effected on 14 December 2021 and notified on 14 January 2022.