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Cartel Court fines ADOMO Beteiligungs GmbH for illegal merger in two cases at AFCA’s request

On 22 March 2023, the Cartel Court imposed fines of EUR 65,000 and EUR 85,000 (25 Kt 12/22 k and 24 Kt 9/22 m) on ADOMO Beteiligungs GmbH following a request submitted by the Austrian Federal Competition Authority (AFCA) due to ADOMO’s illegal acquisition of more than 50% of the shares and thus sole control of Universal Gebäudereinigung Gesellschaft m.b.H. as well as the acquisition of 100% of the shares in DUO Holding GmbH, both of which would have been subject to notification obligations. The acquisitions were carried out on 15 June 2020 and 11 November 2020 respectively.

On 30 December 2021, ADOMO belatedly notified the AFCA of the mergers, voluntarily reporting its offence (BWB/Z-5832 and BWB/Z-5835). On 28 January 2022, the mergers were ultimately cleared since they raised no competition concerns. The mergers had therefore been effected illegally during the period between 15 June/11 November 2020 and 27 January 2022.

ADOMO Beteiligungs GmbH did not contest the facts on which the decision is based. The decision is final.

The AFCA filed applications for imposition of a fine on 6 December 2022 (see press release of 16 December 2022).

ADOMO Beteiligungs GmbH covers the Soravia Group’s portfolio of services in the areas of asset, property and facility management.

Universal Gebäudereinigung Gesellschaft m.b.H. is engaged in cleaning services, ranging from regular cleaning services, window cleaning and construction site cleaning to carpet cleaning.

DUO Holding GmbH is the DUO Group’s uppermost holding company, primarily providing property services and staffing services.

The mergers related to the business areas of facility management, commercial cleaning, winter maintenance, gardening and landscaping, as well as staffing services.

Illegal Mergers

Illegal mergers are mergers subject to notification obligations that are implemented without prior clearance by the AFCA and/or the Cartel Court. The Cartel Court may impose fines for illegal mergers at the request of the AFCA.