The German Federal Court of Justice rules that a concentration strengthening an existing dominant market position can be prohibited without the need for a further significance test (CTS Eventim / Four Artists)

Background of the Case CTS Eventim intended to acquire 51% of stakes each in the two companies Four Artists Booking Agentur GmbH and Four Artists Events GmbH. The successful acquisition would have bound all of Four Artist’s ticket sales (around 700,000 per year) to CTS Eventim and would have increased CTS Eventim’s market share by around 1% on the national market for ticket system services. The FCO prohibited the acquisition on the grounds that the vertical integration of Four Artists into the CTS Group resulting from the merger would strengthen the dominant position of CTS Eventim on the market for ticket system services. The appeal by CTS Eventim was dismissed by the Higher Regional Court of Düsseldorf in its decision of December 5, 2018 (Case No. VI-Kart 3/18 (V)). It confirmed the