Axel Reidlinger

Reidlinger Schatzmann Rechtsanwälte
Laywer (Partner)

Axel Reidlinger is a partner at Reidlinger Schatzmann, a law firm in Vienna, Austria. Axel’s practice covers business law with a focus on competition/antitrust and energy law. In this field he mainly advises on mergers, cartel investigations and dominance cases before the European Commission and the national competition authorities. He also represents clients in competition litigation, including cartel damages claims before the courts. He is the co-author of a book on Austrian competition law (3rd edition 2014) and the Austrian country reporter for Global Competition Litigation Review.

Linked authors

Bpv Hügel (Vienna)
Barnert Egermann Illigasch
Freshfields Bruckhaus Deringer (Vienna)

Articles

78903 Bulletin

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court voids a judgment of the Cartel Court on the assessment of a "radius clause" provided for in the lease agreements of a shopping centre (UNO Shopping/PlusCity)

4332

In a decision of 25 March 2009, the Austrian Supreme Court decided to void a judgment of the Cartel Court on the assessment of a "radius clause" provided for in the lease agreements of a shopping centre in the Linz area. 1. Facts and decision at first instance The case at hand is the result (...)

Axel Reidlinger, Erika Rittenauer The Austrian Supreme Court confirms the phase II clearance of a cooperation agreement between two operators forming a joint venture in the market for free weekly newspapers despite the veto of the Federal Competition Authority (Styria Medien and Moser Holding)

2192

1. Facts On 17 March 2008 Styria Medien AG, Graz, Austria (SAG) and Moser Holding AG, Innsbruck, Austria (MOHO) notified the Federal Competition Authority (FCA) of their intention to create a 50/50 joint venture in the market for free weekly newspapers. The proposed media merger constitutes a (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court rules that the sale of shares to the remaining jointly controlling shareholders constitutes a concentration (RAG - Shell)

3193

1. Facts and decision at first instance This case involves a change in the shareholder structure of RAG, Austria’s second largest oil and gas company. Before the concentration, the shares in RAG were held by two holding companies. One holding company, which held 75% in RAG’s shares, was jointly (...)

Axel Reidlinger, Erika Rittenauer The Austrian Cartel Court imposes fines of € 1.9 million to a company member of a cartel affecting the supply of industrial chemicals (Donau Chemie Group and Donauchem)

2561

On 5 November 2008 the Austrian Cartel Court has imposed a fine of € 1.9 million on Donau Chemie AG and Donauchem GmbH, both part of the Donau Chemie Group, for their participation in a cartel affecting the supply of industrial chemicals. Further to that, the Cartel Court rejected the (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court once again finds that an integrated film distributor and cinema operator abused its dominant position by refusing to supply copies of its films to rival cinema operators (Constantin-Film)

2048

This case is the latest instalment in a series of claims for refusal to deal brought by Austrian cinema operators against Constantin-Film, a company active in Austria both as a distributor of cinema films and as an operator of a large number of cinemas. Like the previous decisions against (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court increases one of the fines imposed to banks by the NCA in the ATM agreement case from € 5 to 7 M (Europay Austria, "Bankomat-Vertrag")

6228

On 12 September 2007, the Austrian Supreme Cartel Court decided on the appeals lodged against the Cartel Court’s decision imposing a fine of EUR 5 million on Europay Austria. We reported on the Cartel Court’s decision in e-Competitions(Axel Reidlinger and Heinrich Kühnert,The Austrian Cartel (...)

Axel Reidlinger, Marlen Grillmayer The Austrian Federal Competition Authority refers to the Cartel Court a case of alleged excessive pricing in the jet fuel market pursuant to both Art. 82 EC and national provisions (Austrian Airlines/OMV)

5171

The case at hand concerns a complaint by Austrian Airlines of June 2006 to the Austrian Federal Competition Authority (FCA) that followed a long dispute between Austrian Airlines and OMV, the Austrian market leader in the oil refining and distribution of refinery products. According to the (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court confirms that a cooperation agreement in the savings bank sector only partly fulfils the criteria of Art. 81.3 EC and, in a separate decision, that one of the cooperation cases constitutes a concentration (Erste Bank)

4012

As reported previously, in a decision of 13 June 2006 the Austrian Cartel Court had found that the cooperation agreements concluded between the majority of players in the Austrian savings banks sector violated Article 81(1) EC, but was partly exempt under Article 81(3) EC (See Axel Reidlinger (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Cartel Court clears in phase II the acquisition of alternative telecoms operator by incumbent while accepting infrastructure and wholesale remedies (eTel/Telekom Austria)

4850

On 12 April 2007, the Austrian Cartel Court cleared the acquisition of alternative telecoms operator eTel by Austrian incumbent Telekom Austria (TA), subject to remedies entered into by TA. TA is the Austrian telecoms incumbent and is the strongest player on the various Austrian markets for (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Cartel Court imposes its highest fine ever for concerted and abusive practices in the debit card and payment system sector (Europay Austria...)

4549

On December 1st, 2006 the Austrian Cartel Court imposed its highest fine ever, of EUR 5 million, on Europay Austria Zahlungsverkehrssysteme GmbH (“Europay Austria”). Europay Austria was fined for violation of the Austrian law equivalents of Art 81 and Art 82 because of its participation in the (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Cartel Court finds that the cooperation in the savings bank sector violates Art. 81.1 EC but fulfils for the most part the criteria of Art. 81.3 EC (Erste Bank)

5021

In a decision of 13 June 2006, the Austrian Cartel Court found that the cooperation agreements concluded between the majority of players in the Austrian savings banks sector violated Article 81(1) EC, but was for the most part exempt under Article 81(3) EC. In Austria, banking operations have (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court upholds the NCA decision ordering the postal incumbent to cease abusive tying via its price offers on the market for day delivery of newspapers and magazines (Österreichische Post)

2997

On 10 May 2005, the Austrian Cartel Court ordered Österreichische Post AG (“Post”) to cease to abuse its dominant position on the market for day delivery of newspapers and magazines. The abuse in question was constituted by certain clauses contained in the terms and conditions offered by Post to (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court holds that third parties are empowered to apply to the Cartel Court for the bringing to an end of infringements of Art. 81 EC (Bank Austria/Erste Bank)

3004

The Bank Austria v. Erste Bank a. o. proceedings have a rather convoluted history. In 2002, the Austrian legislator enacted a provision exempting agreements between members of a group of credit institutions from the Austrian law prohibition of restrictive agreements. On 1st January 2002, Erste (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court finds, on the basis of the essential facilities doctrine, that a distributor abused its dominant position on the market for film distribution by refusing to supply competitors (Constantin-Film)

4179

This case relates to the treatment of refusals to supply under Sec. 35 of the Austrian Cartel Act, the Austrian-law equivalent of Article 82 of the EC-Treaty. The decision of the Austrian Supreme Court, acting as Appellate Cartel, reveals a rather generous application of the refusal to (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court, acting as appellate Cartel Court, refuses to state whether or not an agreement falls within the scope of Art 81 EC (Oberste Gerichtshof)

3285

This case relates to the effects of the modernization of EC competition law on Austrian law. Sec. 8a of the Austrian Cartel Act empowers the Cartel Court upon formal request by a party to decide whether or not a specific set of facts falls within the scope of the Act. In the case at issue, the (...)

Axel Reidlinger, Isabella Hartung L’autorité autrichienne de concurrence enquête sur le marché de l’électricité et constate l’augmentation des prix

2773

L’autorité de concurrence autrichienne (la “Bundeswettbewerbsbehörde”) vient de publier un rapport mettant en évidence, sur la base d’informations apportées par une source non précisée, que tous les prix de l’électricité ont systématiquement augmenté. Cette enquête est du même type que les enquêtes (...)