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Austrian Cartel Court Imposes Fine on Lenzing for Prohibited Implementation

23.06.2024 | 🇦🇹 Austrian competition authority

The Austrian Cartel Court has imposed a fine of EUR 75,000 on Lenzing for violating the prohibition on implementing mergers before approval.


The Austrian Cartel Court, upon the request of the BWB, has issued a fine of EUR 75,000 against Lenzing for engaging in the prohibited implementation of a merger before receiving approval. This decision is final.

In March 19, 2024, the BWB filed separate applications to impose fines on Lenzing and Palmers. Lenzing accepted the charges, resulting in a reduced fine, while the case against Palmers is still ongoing.

The background of the case involves the formation of Hygiene Austria, which was notified to the BWB in May 2020 and approved later that month. The Cartel Court's ruling confirms BWB's view that the parties violated the implementation prohibition by publicly announcing the merger before approval.

Prohibited implementation of mergers refers to carrying out mergers subject to notification requirements before receiving approval from competition authorities. The Cartel Court can impose fines for such violations upon the BWB's request, aiming to protect competition from the potential anti-competitive effects of unauthorized mergers.

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