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Illegal merger: Cartel Court imposes fine of EUR 550,000 on HarperCollins following application by AFCA

Following an application by the Austrian Federal Competition Authority (AFCA), the Cartel Court has imposed a fine of EUR 550,000 on HarperCollins Deutschland GmbH for implementing a notifiable merger without prior clearance. The company had only notified the AFCA of its acquisition of Gräfe und Unzer Verlag GmbH retrospectively (BWB/Z-6885). The decision is final and binding.

Both companies are active in the publishing industry. The business activities concerned comprise the publishing and distribution of books. As neither the AFCA nor the Federal Cartel Prosecutor filed a request for an in-depth examination, the statutory standstill obligation ceased to apply with effect from 16 April 2025. The merger could therefore be implemented from that date onwards.

The company voluntarily reported the infringement, cooperated with the AFCA and acknowledged the infringement for the purpose of an amicable conclusion of the proceedings.
In determining the amount of the fine, particular consideration was given to the voluntary disclosure, the relatively short duration of the infringement and the absence of negative effects on competition in Austria as mitigating factors. The Cartel Court imposed the fine in the amount requested by the AFCA.

Illegal mergers

An illegal merger is a notifiable merger that is implemented without the required clearance from the AFCA. The standstill obligation serves to protect competition against potential and actual anti-competitive effects.

Fines under the Austrian Cartel Act

In the event of the illegal implementation of a notifiable merger, the Cartel Court may, upon application by the AFCA, impose a fine of up to 10% of the total turnover achieved by the undertaking concerned in the preceding financial year. In determining the amount of the fine, particular consideration is given to the gravity and duration of the infringement, the degree of fault and the undertaking's economic capacity. The undertaking's cooperation may also be taken into account as a mitigating factor.