Hanns Peter Nehl

European Court of Justice (Luxembourg)
Référendaire

Hanns Peter Nehl has been working as a legal secretary in the cabinet of the Austrian Judge Josef Azizi at the General Court of the EU since 1 September 2004. Previously, he worked in the Directorate-General for competition of the European Commission (Media unit), where he gained substantial experience in the field of antitrust investigations, as well as in the Brussels office of former German law firm Gaedertz Rechtsanwälte. He obtained his doctoral degree in 2001 at the University of Hamburg following research at the Graduiertenkolleg Integrationsforschung of the Europa-Kolleg Hamburg. He is also an alumnus of the European University Institute in Florence (LL.M., academic year 1996/97) as well as of the Université d’Aix-Marseille III (D.E.A. de droit communautaire, academic year 1991/92). His main fields of interest are European competition law and European constitutional and administrative law in general. Main publications: Principles of Administrative Procedure in EC Law, Oxford (Hart Publishing), 1999; Europäisches Verwaltungsverfahren und Gemeinschaftsverfassung, Berlin (Duncker & Humblot), 2002.

Linked authors

DG Economic and Financial Affairs (ECFIN) (Brussels)
DG COMP (Brussels)
European Court of Justice (Luxembourg)
DG COMP (Brussels)
University of Oxford - Centre for Competition Law and Policy
E.CA Economics (Brussels)
Baker Botts (Brussels)
CRA International (Brussels)

Articles

25869 Bulletin

Hanns Peter Nehl The Austrian Supreme Court in competition matters holds that Article 39(2) of the Austrian Competition Act requiring the main parties’ consent to third parties’ request for access to file does not apply in proceedings related to infringements of national competition rules (Europay Austria II)

17

1. Introduction and background By two judgments of 28 November 2014 in Cases 16 Ok 9/14f and 16 Ok 10/14b, the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) rejected the appeals brought by Europay Austria GmbH against two (...)

Hanns Peter Nehl The Austrian Supreme Court implements the Court of justice’s preliminary ruling according to which liability for infringing Article 101 TFEU is independent of the existence of an error regarding the lawfulness of the conduct (Schenker)

58

Background The present case concerns the so-called Spediteurs-Sammelladungs-Konferenz (Freight Forwarding Agents Consolidated Consignment Conference), a multilateral price-fixing agreement between transport companies covering tariffs for domestic consolidated transport throughout Austria. In (...)

Hanns Peter Nehl The Austrian Supreme Court rejects a request to seal electronic data collected during an inspection on the grounds that they were not covered by the scope of a search warrant (Polystyrolkartell II)

16

1. Introduction By order of 6 June 2012 in Case 16 Ok 2/12, the Austrian Supreme Court (acting as the highest appellate court in competition matters; Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) confirmed the first instance decision of the Vienna Cartel Court (...)

Hanns Peter Nehl The Austrian Supreme Court questions the possibility of imposing fines for a breach of the merger notification obligation or for participation in a nation-wide price-fixing cartel in case of an unobjectionable error regarding the lawfulness of the conduct (Schenker)

39

1. Introduction By two orders of 5 December 2011 in Cases 16 Ok 2/11 and 16 Ok 4/11, the Austrian Supreme Court acting as the highest appellate court in competition matters (Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) questioned whether undertakings can be held liable for (...)

Hanns Peter Nehl The Austrian Supreme Court confirms the legality of a request for a search warrant regarding the premises of a law firm suspected of having provided support to a cartel on the market of fire service equipment (Hausdurchsuchung Feuerwehrausrüster Rosenbauer)

39

1. Introduction By order of 19 April 2010 in Case 16 Ok 2/10, the Austrian Supreme Court (acting as the highest appellate court in competition matters; Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) annulled the first instance decision of the Vienna Cartel Court (...)

Hanns Peter Nehl An Austrian Court declares behavioural commitments concerning broadcasting rights of the skiing world cup binding upon the public TV/radio provider and the Austrian skiing association (ÖRF / ÖSV)

4818

At the request of the Austrian Federal Competition Authority (Bundeswettbewerbs-ehörde ; “BWB”), the Vienna High Court in competition matters (Oberlandesgericht Wien als Kartellgericht), by (unpublished) order of 18 January 2008, in Case 26 Kt 42/06, adopted on the basis of Sec 27(1) of the (...)

Hanns Peter Nehl The Austrian Supreme Court raises up to € 120.000 a fine for breach of obligation to reply fully and in time to the NCA’s sector inquiry information request (Branchenuntersuchung Lebensmittelhandel)

2451

By order of 21 January 2008 in Case 16 Ok 8/07, the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) largely confirmed the order of 9 May 2007, Case 29 Kt 106, 107/06-23, of the Vienna High Court in competition matters (...)

Hanns Peter Nehl The Austrian Supreme Court confirms upon appeal the Cartel Court’s findings regarding concerted and abusive practices in the debit card and payment system sector and raises the fine imposed (Europay Austria)

3218

1. Introduction By its judgment of 12 September 2007 in Case 16 Ok 4/07 (“Europay Austria”), the Austrian Supreme Court (acting as the highest appellate court in competition matters ; Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) essentially confirmed the first instance judgment (...)

Hanns Peter Nehl The Austrian competition authority concludes general inquiry in the highly concentrated food distribution sector while highlighting indications of strong buyer power (Branchenuntersuchung Lebensmittelhandel)

2675

In June 2007, the Austrian competition authority (Bundeswettbewerbsbehörde; “BWB”) published its final report on a general inquiry conducted in respect of the Austrian food wholesale and retail distribution sector with special regard to the phenomenon of buying power (“Nachfragemacht”) exerted by (...)

Hanns Peter Nehl The Austrian Supreme Court rejects appeal against finding of a merger in the Austrian savings bank sector regarding the creation of a “liability pool” joint venture (Haftungsverbund)

3902

1. Introduction In a second judgment of 21 March 2007, parallel to the one given on the same day (Supreme Court (Oberster Gerichtshof), 21 March 2007, Erste Bank, Decision BWB/K-50, Case 16 OK 12/06 ; See Stefan Polster, The Austrian Supreme Court holds that certain aspects of a co-operation (...)

Hanns Peter Nehl, Jan Nuijten The European Commission ends proceedings regarding German book price fixing agreements following acceptance of commitment on cross-border sales (Sammelrevers)

848

"Commission ends competition proceedings regarding German book price fixing agreements following acceptance of an undertaking on cross-border sales"* Introduction The Commission has been dealing with the system of fixed book prices in Germany and Austria since its first notification in 1993 (...)

Hanns Peter Nehl, Kay Parplies The European Commission starts an in-depth investigation into a planned online travel agency leading the parties to change the structure of their venture and to withdraw the merger (T-Online, TUI and C&N)

234

"Internet Joint Ventures and the Quest for Exclusive Content: The T-Online Cases"* Introduction EC and national competition law issues arising from the marketing of ‘premium’ content, such as travel services and sports news, via the Internet were at the centre of several recent competition (...)

Hanns Peter Nehl, Kay Parplies The European Commission investigates the amended agreements underlying the creation of an online travel agency on the basis of Articles 81 and 82 in order to uncover any possible restrictions of competition, in particular in the (online) travel agency services market and the ISP/portal markets (T-Online international, TUI, Thomas Cook)

280

"Internet Joint Ventures and the Quest for Exclusive Content: The T-Online Cases"* Introduction EC and national competition law issues arising from the marketing of ‘premium’ content, such as travel services and sports news, via the Internet were at the centre of several recent competition (...)

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