The German Bundeskartellamt fines an undertaking operating in the metal recycling market for having implemented a concentration without merger approval (Interseroh)

The FCO continuously fines merger implementation without prior approval* On May 10, 2011, the FCO fined Interseroh in the amount of €206,000 for having implemented a concentration without merger approval. The decision is the second instance this year in which the FCO imposed a fine for implementing a merger without approval, and the second in which the FCO settled dissolution proceedings. Interestingly, it seems to be one of the first cases in which a “voluntary” notice of a merger implementation without prior approval triggered a fine. The concentration concerned the increase of a 40%-stake held by HHR Stahlschrott und Metallrecycling GmbH & Co. KG (“HHR”) in fm Beteiligungsgesellschaft to 49%, through HHR exercising an option. At the same time, fm’s partnership agreement was

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  • Heinz & Zagrosek (Köln)

Quotation

Silke Heinz, The German Bundeskartellamt fines an undertaking operating in the metal recycling market for having implemented a concentration without merger approval (Interseroh), 10 May 2011, e-Competitions Bulletin May 2011, Art. N° 36337

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