Cartels Legal Framework and Procedure Guidance on the Reduction of Fines In January 2022, the Austrian Federal Competition Authority published guidance on the reduction of fines under the Austrian leniency programme, which applies to undertakings that do not qualify for full immunity. The substantive conditions for immunity and leniency in Austria and the applicable fine…
I. Cartels Legal Framework and Procedure In November 2021, Austria adopted a regulation on certain procedural aspects of leniency applications.[2] The regulation sets out the required content of leniency and immunity applications, the possibility to request a marker, and the possibility to submit a short form application in case the applicant has already submitted an…
On 10 September 2021, certain significant changes to Austria’s competition law entered into force, although some of the merger control related changes will apply only as of 1 January 2022: Merger control. The amendments include a revision of Austria’s revenue-based merger control threshold, the introduction of the significant lessening of competition test, and a broadening…
On 7 September 2017, the European Court of Justice issued its preliminary ruling in Case C-248/16 Austria Asphalt. The judgment clarifies that a change from sole to joint control over an existing undertaking is a notifiable concentration under the Merger Regulation only if the resulting joint venture will be a “full function” joint venture post-transaction….
Austria will introduce a transaction value merger notification threshold, which will enter into force on 1 November 2017. The draft law and explanatory notes are available here (in German). In essence, transactions with a transaction value of more than € 200 million, provided the target has “significant” activities in Austria, will potentially require notification. The…
