Vienna, February 26, 2026 — The Austrian Federal Competition Authority (BWB) has applied to the Cartel Court for the imposition of a fine of EUR 380,000 (approximately $448,766) against SF Holding GmbH over a gun-jumping violation.
The BWB filed the request on February 20, 2026. The transaction was subsequently notified to the authority under case number Z-6722.
According to the BWB, the company voluntarily disclosed the infringement, cooperated with the authority, and submitted a formal acknowledgment in order to achieve an amicable resolution of the proceedings.
Transaction Details
The case concerns the acquisition of the “Odörfer Eisenwaren” business unit by SF Holding. The affected business operates in the production supply trade, offering a full range of tools, machinery, fittings, consumables for material processing, chemical-technical products, workshop and storage equipment, and personal protective equipment.
Although the transaction had been implemented without prior clearance, the BWB cleared the acquisition with effect from October 15, 2024, finding no competition concerns under Austrian merger control rules.
Gun-Jumping Under Austrian Law
A prohibited implementation — commonly referred to as gun-jumping — occurs when a notifiable concentration is carried out without the required prior approval of the BWB. The standstill obligation is intended to protect competition from potential or actual restrictive effects before a transaction is reviewed.
Under the Cartel Act, if a merger subject to notification is implemented without clearance, the Cartel Court may, upon application by the BWB, impose a fine of up to 10 percent of the company’s total turnover in the preceding financial year.
In determining the level of the fine, the court considers factors including the gravity and duration of the infringement, fault, the company’s economic capacity, and its cooperation during the proceedings.
