SPAR Österreichische Warenhandels-Aktiengesellschaft; UNIMARKT Handelsgesellschaft m.b.H. & Co. KG SPAR Österreichische Warenhandels-Aktiengesellschaft (“Spar”) plans to take over the following 23 UNIMARKT stores:
1. Adnet 400, 5421 Adnet
2. Altaussee 160, 8992 Altaussee
3. Ischlerstraße 317, 8990 Bad Aussee
4. Hauptplatz 22–25, 8330 Feldbach/Thaller
5. Dr.-Renner-Straße 1, 4210 Gallneukirchen
6. Waltendorfer Hauptstraße 121, 8042 Graz
7. Hauptstraße 69, 4232 Hagenberg
8. Heiligeneich, Raiffeisenplatz 7, 3452 Atzenbrugg
9. Untere Gewerbezeile 1, 4202 Hellmonsödt
10. Gewerbepark Süd 1, 3052 Innermanzing
11. Kellau 195, 5431 Kuchl
12. Ludersdorf 193, 8200 Ludersdorf-Wilfersdorf
13. Hauptstraße 570, 3034 Maria Anzbach
14. Grimburgstraße 2, 3124 Oberwölbling
15. Sebersdorf 312, 8272 Sebersdorf
16. Oberwarterstraße 339, 7535 St. Michael im Burgenland
17. Steyer-Chirstkindl, Aschacherstraße 25, 4400 Steyr
18. Thalstraße 301, 8051 Thal
19. Stubalpenstraße 10, 8741 Weißkirchen
20. Gleinkerseestraße 32, 4580 Windischgarsten
21. Stadtplatz 6, 8680 Mürzzuschlag
22. Lendplatz 395, 8970 Schladming
23. Bräuhof 42, 8993 Grundlsee
Pre-notification talks
The AFCA is available for clarifying competition issues prior to any potential merger. Both UNIMARKT and Spar took advantage of this possibility.
UNIMARKT contacted the AFCA before announcing its withdrawal from the market. The company also provided information about the planned course of action for all its locations. This regular dialogue on individual locations, covering potential acquirers and other interested parties, helped to handle the transaction efficiently and meant that competition issues were identified at an early stage. The AFCA examination involved collecting data from Spar and other relevant companies engaged in the food retail sector. This type of data query is an essential part of a proper review of the competition situation.
In view of the concentrated nature of the food retail market and to find the best possible solution from a competition perspective, the AFCA engaged in dialogue with various market participants, including smaller and regional players. The impact of such a merger on suppliers was also taken into account, particularly at regional level.
Market definition - Analysis of competition situation
The AFCA identified full-range food retail as the relevant product market. This covers all companies that sell a comprehensive range of everyday consumer goods to predominantly private end customers. As a rule, this includes retail stores, supermarkets and discount stores. Filling station shops, kiosks and similar small outlets are not included in this market definition since it would not be possible to do a full grocery shop at one single store. In addition, goods that are usually not sold in traditional food retail outlets, such as tools, sports and camping equipment etc., are also not included here.
The food retail industry has a geographical dimension. Even though most stores in Austria are operated by nationally active companies, it is unlikely that consumers would use an alternative if the travel time to get there exceeded a certain limit. People usually choose a local alternative for their grocery shopping. To determine the geographical market of a store, catchment areas are calculated. These areas are based on the specific length of car journey, in minutes, that a consumer would be willing to take to reach a local alternative. For the food retail industry, the Authority based its catchment area on retail outlets that are reachable within 5 to 20 minutes by car, depending on whether it is an urban or rural region. For the case at hand, a catchment area based on car trips of between 10 and 20 minutes was assumed as a starting point for the competition assessment, given the more rural location. The AFCA conducted a competition assessment for each individual store location. In some cases, the geographical market may deviate from this assumption and actually be more narrowly defined.
UNIMARKT’s withdrawal from the market also impacts the upstream supply chain since it raises market concentration further, a factor that the AFCA also considered as part of its competition assessment. Back in 2023, the Sector inquiry into the food industry found that the four major food retailers have had a high level of bargaining power over their suppliers, even before UNIMARKT’s withdrawal.
Further steps
The AFCA has until 14 January 2026 to examine the takeover, and will publish an information document on the following day. The company may ask for the examination to be extended by two weeks, if necessary. Any company whose legal or economic interests are affected by the merger may submit a written statement to the AFCA. If no competition issues are identified for a specific location, the takeover may be cleared.
If competition issues are identified, the merger may be subjected to a Phase I investigation. If this does not resolve the competition concerns, the AFCA and the Federal Cartel Prosecutor (Federal Ministry of Justice) may file a request for examination with the Cartel Court (Phase II).
Update 09.01.2026: The company has requested an extension of the review period by two weeks. Accordingly, the review period will end on 28 January 2026.