The Austrian Cartel Court imposed a €550,000 fine on HarperCollins after an application by the Austrian competition authority. The case concerned a merger between two companies active in publishing and distributing books that was implemented before the required standstill period had ended.

Neither the Austrian competition authority nor the Federal Cartel Prosecutor requested an in-depth examination. The statutory standstill obligation therefore ceased to apply on 16 April 2025, from which date the merger could be implemented. The infringement was the implementation of the merger before that date, without the required clearance.

HarperCollins voluntarily reported the infringement, cooperated with the authority and acknowledged the infringement to facilitate an amicable conclusion of the proceedings. The court took account of the voluntary disclosure, the relatively short duration of the infringement and the absence of negative effects on competition in Austria as mitigating factors. It imposed the fine in the amount requested by the authority.

Under the Austrian Cartel Act, the Cartel Court may impose a fine of up to 10% of an undertaking’s total turnover in the preceding financial year for illegally implementing a notifiable merger. The court considers the infringement’s gravity and duration, the degree of fault and the undertaking’s economic capacity; cooperation may also mitigate the fine.