The respondent had indirectly acquired a 58.8% stake in 2R Holding SAS and thus been in a position of sole control between 17 July 2018 and 9 May 2019, thereby fulfilling the merger criteria defined in § 7 para. 1 subpara. 3 KartG and resulting in a merger that should have been notified to the Federal Competition Authority.
The respondent did not contest the decision. The decision is final.
Reasoning: Illegal mergers are mergers subject to notification obligations that are implemented without the BWB’s or the Cartel Court’s approval or in a manner that deviates from the approved transaction. The Cartel Court is required to impose fines for an illegal merger in accordance with § 29 para. 1 lit a KartG.