Austria: Austrian Supreme Cartel Court confirms Cartel Court’s conditional merger clearance

On 23 June 2022, the Austrian Supreme Cartel Court confirmed the Cartel Court’s ruling approving the Meta (Facebook)/Giphy merger. The ruling was the result of an appeal by the Austrian Federal Competition Authority (AFCA) against the ruling of the Cartel Court, due to "procedural shortcomings". However, the Supreme Cartel Court dismissed the appeal and confirmed the conditional clearance by the Cartel Court. On 7 February 2022, the Cartel Court had ruled that the merger can be conducted but Meta (Facebook) will have to provide non-discriminatory access to Giphy’s products and libraries to its competitors for five years and report to an appointee its compliance with the order. On 17 August 2021, the Austrian Federal Competition Authority had opened a phase 2 investigation into the acquisition of Giphy by Facebook, bringing the case before the Cartel Court based on concerns that the acquisition will increase Facebook's dominant position in the social media and online advertising market.