In autumn 2024, media reports indicated that certain KIKA/Leiner sites that had already been closed in 2023, during the first restructuring proceedings involving KIKA/Leiner, were to be sold to XXXLutz. Under the Cartel Act, such transactions may constitute a merger and may require notification to the AFCA if the statutory turnover thresholds are met.
However, no notification was submitted in relation to the acquisitions between Supernova and XXXLutz. It was therefore necessary to examine whether the notification requirements, and consequently the standstill obligation applicable to mergers, had been breached. Based on this initial suspicion, the AFCA launched investigations and issued requests for information to both Supernova and XXXLutz.
The companies responded to the requests for information in full and within the specified deadline. The investigations found that neither had the statutory turnover thresholds been exceeded nor did the assets concerned constitute a substantial part of a business at the time of acquisition. No operating furniture retail business was associated with the sites concerned. The evidence established only acquisitions of real estate that did not require notification. The acquisitions were therefore not subject to notification to the AFCA. The companies were informed that the proceedings had been discontinued.