Austria: Cartels, Monopolies

In The Wealth of Nations, Adam Smith famously wrote that "people of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public...

Enforcement by private competition litigation in Austria is not restricted to damages claims. Private bodies have standing to file for cease and desist (Abstellung) orders or for decisions of finding...

The legal basis for Cartel Prohibition in Austria is the Cartel Act (Kartellgesetz 2005), as amended – most recently in 2019.

The number of cartel damages claims before national civil courts in Europe has dramatically increased over recent years.

A recently published decision by the Cartel Court showed how a long-term relationship turned into an equally lengthy "war of roses" and came to a decisive turning point.

Der auf EU-Ebene spürbare Kampf für Fairness im Wettbewerb schlägt sich in Zahlen nieder, die eine klare Botschaft senden: Unfairer Wettbewerb kann massive Konsequenzen haben.

The legal basis for the Cartel Prohibition in Austria is the Cartel Act (Kartellgesetz 2005).

In December 2012, the Austrian Parliament adopted changes to the Austrian Cartel Act as well as the Austrian Competition Act that will enter into force as of 1 March 2013 (Austrian Cartel and Competition Law Amendment Act; KaWeRÄG 2012).

The relevant merger authorities in Austria are the Federal Competition Authority (Bundeswettbewerbsbehorde "FCA"), an independent administrative body assigned to the Federal Minister of Economics and Labour, the Federal Cartel Prosecutor (Bundeskartellanwalt "FCP", together with the FCA referred to as the "Official Parties"), who is assigned to the Federal Minister of Justice, and the Cartel Court (Kartellgericht).