Background
Sprengnetter intended to indirectly acquire all of the shares in and thus sole control of IMMOunited GmbH and lexunited – online information system GmbH. The companies involved are engaged in the area of digital services for real estate valuation and real estate market analysis, as well as the activity of a clearing house in Austria. Clearing houses provide information from databases and registers maintained by the public sector.
Proceedings before the Cartel Court
The AFCA applied to the Cartel Court for an in-depth review of the merger on 13 June 2025. There were concerns that the merger would push up prices, bring down competition and raise market entry barriers.
The aim of the in-depth review by the Cartel Court was to examine the market definition and market shares as stated in the merger notification, with a particular focus on whether the planned merger would establish or strengthen a dominant position for the merger parties.
As part of its review, the Cartel Court had commissioned an expert opinion on competition economics. AFCA’s course of action was essentially confirmed by the course of the proceedings.
The merger notification was withdrawn on 2 December 2025. In its decision of 3 December 2025, the Cartel Court therefore rejected AFCA’s request for examination in the absence of any planned merger. No pre-notification talks had been held between the notifying party and the Authority.
Pre-notification talks
Companies can submit documents to the AFCA before actually notifying the Authority of a merger, the stage that triggers the relevant deadlines in the process. This pre-notification procedure is particularly advisable in highly complex cases, or when companies wish to draw attention to potentially relevant issues of competition law at an early stage. The intended aim is efficient merger control.
The standard period of examination is four, or six weeks at most. The AFCA decides within this period whether the merger is cleared, cleared subject to conditions, or referred to the Cartel Court for an in-depth review.
The decision is not yet final.