Austrian Competition Authority

Press release merger BWB/Z-6244: ORF / RIG Radio Innovations GmbH / Radioplayer Österreich GmbH* Merger between ORF and RIG Radio Innovations GmbH cleared subject to conditions On 13 April 2023 the Austrian Federal Competition Authority (AFCA) was notified of a merger that involved the (...)

Construction cartel: Supreme Cartel Court dismisses appeal in a correction procedure* In January 2023, a company fined by the Cartel Court filed for correction of certain points in the decision due to their being obviously inaccurate. The procedure was linked to AFCA’s investigations into (...)

Construction cartel update: Gebrüder Haider fine set at EUR 3.51 million* In October 2022, the AFCA applied to the Cartel Court for an appropriate fine to be imposed on the companies Gebrüder Haider Bauunternehmung Gesellschaft m.b.H., Gebrüder Haider & Söhne GmbH, Gebrüder Haider & (...)

Supreme Cartel Court confirms its ruling on third-party access to files in cartel proceedings* The Federal Cartel Act (KartG) stipulates under “Protection of business secrets and access to files” that third parties not involved in cartel proceedings may only be granted access to Cartel Court (...)

Update on sector inquiry into food industry: AFCA now surveying online food retailers* As part of its sector inquiry into the food industry, the AFCA sent out requests for information to 13 online food retailers, requesting replies by 26 May 2023. The Austrian Federal Competition Authority (...)

Austrian Federal Competition Authority confirms dawn raid in the distribution of refrigeration and freezing equipment* The Austrian Federal Competition Authority (AFCA) is carrying out a dawn raid in the distribution of refrigeration and freezing equipment. The undertaking is suspected of (...)

Interchange fees: AFCA given monitoring and investigation powers* The Austrian National Council unanimously adopted the Interchange Fee Implementation Act (IEVG), which is based on Regulation (EU) 2015/751 on interchange fees for card-based payment transactions, thereby giving the Austrian (...)

EU Digital Markets Act – AFCA cooperates closely with European Commission* The European Regulation on contestable and fair markets in the digital sector (Digital Markets Act – DMA) entered into force on 1 November 2022. The Act prohibits companies that provide digital platform services and (...)

Cartel Court fines ADOMO Beteiligungs GmbH for illegal merger in two cases at AFCA’s request* On 22 March 2023, the Cartel Court imposed fines of EUR 65,000 and EUR 85,000 (25 Kt 12/22 k and 24 Kt 9/22 m) on ADOMO Beteiligungs GmbH following a request submitted by the Austrian Federal (...)

AFCA conducts online survey of suppliers to the food industry* The Austrian Federal Competition Authority (AFCA) launched a sector inquiry into the food industry on 25 October 2022. The current situation of rising prices, supply chain bottlenecks and increasing inflation made a more detailed (...)

AFCA files application to fine two companies engaged in energy submetering* Following its investigations into submetering, the Austrian Federal Competition Authority (AFCA) filed another application with the Cartel Court on 16 March 2023 to impose a fine on two additional companies for (...)

Karmasin, BB Research Affairs, Edeltraud Geppel-Mikes* AFCA files applications for fines on KARMASIN RESEARCH & IDENTITY GMBH, BB Research Affairs GmbH and Beinschab Business GmbH, and Edeltraud Geppel-Mikes The Austrian Federal Competition Authority (AFCA) has filed applications for (...)

AFCA launches inquiry into online food delivery platforms* Major digital and technology companies with outstanding international market power have been at the centre of public debate in recent years. A debate that has subsequently been picked up by politicians and competition authorities. (...)

AFCA publishes Guidelines on Pre-notification Procedures in Merger Control* More transparent pre-notification procedures for planned mergers Companies can submit documents to the Austrian Federal Competition Authority (AFCA) as part of a pre-notification procedure before actually notifying (...)

Construction cartel UPDATE – AFCA files application for a fine on Pittel + Brausewetter and for findings on Kostmann* In the course of its investigations into the Austrian construction industry, the Austrian Federal Competition Authority (AFCA) filed another application on 21 February 2023 (...)

Supreme Cartel Court confirms Cartel Court’s search warrant (26 Kt 6/22k) in connection with AFCA investigations into the wood pellets market* The Austrian Federal Competition Authority (AFCA) carried out dawn raids at several pellet companies and one association in the Austrian provinces of (...)

AFCA files request for examination of MEDIAFOREUROPE N.V.; ProSiebenSat.1 Media SE merger with Cartel Court* The media merger of MFE MEDIAFOREUROPE N.V.; ProSiebenSat.1 Media SE was notified on 13 December 2022. MFE MEDIAFOREUROPE N.V plans to raise its current stake in ProSiebenSat.1 Media (...)

School Bag Cartel: Cartel Court finds infringement by Georg Hausmann KG upon AFCA application* Following an application submitted by the Austrian Federal Competition Authority (AFCA), the Cartel Court found an infringement by Georg Hausmann KG, issuing its decision on the 5th of December (...)

AFCA publishes final Guidelines on Sustainability Agreements for companies* In accordance with the European Commission’s European Green Deal, the Austrian lawmaker acted on its own initiate and adopted the Cartel and Competition Law Amendment Act in 2021 (KaWeRÄG 2021) to gear cartel and (...)

Construction cartel: HABAU fine set at EUR 26.33 million* Four companies from the HABAU group of companies have admitted participating in the construction cartel and fully acknowledged the infringement. The Austrian Federal Competition Authority (AFCA) and the Federal Cartel Prosecutor had (...)

Investigations into concerted practices in the school bags sector concluded: Final application filed with Cartel Court* In early 2019, the Austrian Federal Competition Authority (AFCA) initiated investigations into Fond Of GmbH, a manufacturer of school bags and school backpacks, as well as (...)

Facade construction: AFCA files application to have first company fined* In the course of its investigations into the facade construction industry, the Austrian Federal Competition Authority (AFCA) filed its first application with the Cartel Court on 25 August 2022 to fine one of the (...)

Construction cartel: AFCA applies for review of STRABAG decision by Cartel Court* By decision of 21.10.2021 (27 Kt 12/21y), the Cartel Court imposed a fine of EUR 45.37 million on two companies of the STRABAG Group (STRABAG) for infringement of section 1 (1) of the Austrian Cartel Act (...)

AFCA publishes draft guidelines on the application sustainability-agreements, asking for comments* Background The "European Green Deal" is the European Commission’s ambitious program for the transformation of the European economy and society towards sustainability and climate-neutrality. (...)

Sector inquiry into EV charging infrastructure: AFCA launches comprehensive market inquiry* As part of the sector inquiry into EV charging infrastructure, which the Austrian Federal Competition Authority (AFCA) got under way in November 2021 (see also AFCA’s press release of 16 November (...)

School bag cartel: AFCA files another application to have a company fined* On 26 April 2022 the AFCA filed an application with the Cartel Court requesting that a company be fined for an infringement of Article 101 TFEU and § 1 para. 1 of the Federal Cartel Act (KartG). AFCA investigations (...)

Merger of Salzburger Alpenmilch Genossenschaft eGen and Gmundner Molkerei eGen cleared subject to remedies in Phase I: Commitments with minimum guarantees for dairy farmers adopted* The Austrian Federal Competition Authority (“AFCA”) was notified of the planned merger of Salzburger (...)

METRO/AGM merger: Approved by Cartel Court with structural remedies* The merger concerns the acquisition of AGM by METRO and was notified to the Austrian Federal Competition Authority (“AFCA”) on 2 September 2021. The deadline for completion of the Phase I review and the filing of a request (...)

Construction cartel: PORR Group decision final* Following AFCA’s application the Cartel Court has now imposed a fine of EUR 62.35 million on PORR Group for breaching Austrian and EU antitrust rules. The decision is final. PORR AG and some of its subsidiaries (together referred to as “PORR (...)

Joiner cartel: AFCA files another application with Cartel Court* In the course of its investigations into the joinery/cabinetmaking industry, the Austrian Federal Competition Authority (AFCA) filed an application with the Cartel Court on 28 March 2022 for a finding of an infringement (...)

AFCA conducting market inquiry into Austrian fuel market* The Austrian Federal Competition Authority (AFCA) has launched a market inquiry into the Austrian fuel market. The AFCA is responsible for conducting competition sector inquiries in Austria. It may launch a sector inquiry where (...)

Meta (Facebook)/Giphy merger: AFCA appealing against conditional clearance* On 17 August 2021, the Austrian Federal Competition Authority (AFCA) filed a request with the Cartel Court (Z-5549) for an in-depth examination of the merger due to competition concerns (Phase II). The Cartel Court (...)

AFCA files application to impose fine on joiner/cabinetmaker* In the course of its investigations into the joinery/cabinetmaking industry, the Austrian Federal Competition Authority (AFCA) filed its first application with the Cartel Court on 16 February 2022 to fine one of the investigated (...)

AFCA files applications for findings and a fine in relation to two companies engaged in measurement and control technology for building technology systems* The Austrian Federal Competition Authority (AFCA) filed applications with the Cartel Court on 16 February 2022 in relation to two (...)

AFCA files application to impose fine on submetering provider* In the course of its investigations into the submetering industry, the Austrian Federal Competition Authority (AFCA) filed its first application with the Cartel Court on 8. February 2022 to fine one of the investigated companies, (...)

AFCA publishes paper on “Reductions of Fines under the Leniency Programme”* The leniency programme is a highly efficient tool that has been essential for many years to combat breaches of the ban on cartels (§ 1 of the Austrian Cartel Act – KartG, Article 101 TFEU). It is effective in two (...)

AFCA files application to impose a fine on school bag retailer* On 13 January 2022 the Austrian Federal Competition Authority (AFCA) filed an application with the Cartel Court to fine a company for an infringement of Article 101 TFEU and § 1 para. 1 of the Austrian Cartel Act. AFCA (...)

New rules combating unfair trading practices in the agricultural and food supply chain: implementation of UTP Directive in Austrian FWBG* The amendment to the Federal Act on Improvement of Local Supply and Competitive Conditions (Fair Competitive Conditions Act, abbreviated FWBG in German) (...)

Update of the Guidance on Transaction Value Thresholds in merger control The Guidance on Transaction Value Thresholds in merger control in Austria and Germany, which was published together with the German Federal Cartel Office in mid 2018, was adjusted in a few points. The changes of KartG (...)

AFCA starts a sector inquiry into electric vehicle charging sector in Austria* The Austrian Federal Competition Authority (AFCA) has launched a sector inquiry into the electric mobility market, including the expertise of the E-Control. The AFCA may conduct a sector inquiry where (...)

Austrian Federal Competition Authority files application to fine Facebook for failing to notify GIPHY acquisition* Facebook cooperates with the AFCA in the course of an amicable conclusion of proceedings and accepts the fine of EUR 9.6 million requested by the AFCA. Background In the (...)

New amendment to Occasional Traffic Act enables increased competition in the taxi and private hire car market* The Occasional Traffic Act (GelverkG), which includes provisions on the requirement to hold a licence, including the scope and granting of said licence in relation to the combined (...)

AFCA files application to fine four construction companies for price fixing, market division and other anti-competitive conduct* The alleged infringements include price fixing, market divison and the exchange of competitively sensitive information. On 29 October 2020 the Austrian Federal (...)

AFCA publishes final report on sector inquiry into the taxi and private hire car market* The Austrian Federal Competition Authority (AFCA) launched a comprehensive sector inquiry into the taxi and private hire car market in September 2019. The Austrian Federal Competition Authority (AFCA) (...)

Cartel Court finds Roland Germany GmbH guilty of price fixing* The company cooperated with the AFCA within the leniency programme On 24 September 2020 the Cartel Court, acting on the Austrian Federal Competition Authority’s (AFCA) application of 2 June 2020, found Roland Germany GmbH to (...)

AFCA granted right of action in relation to P2B Regulation on promoting fairness and transparency for business users of online intermediation services* The EU Regulation on platform-to-business relations (P2B Regulation), which promotes fairness and transparency for business users of online (...)

AFCA publishes position paper on the Macroeconomic Effects of Mergers in the Context of the COVID-19 Crisis - "Shutdown Mergers"* The position paper aims to facilitate notifications of Shutdown Mergers. The COVID-19 pandemic and the restrictions put in place to deal with it have triggered (...)

AFCA files request for examination with Cartel Court in connection with the Fujifilm Corporation/FujiFilm Healthcare Corporation merger* AFCA filed request for examination with Cartel Court on 1 July 2020. On 22 May 2020 the Austrian Federal Competition Authority (AFCA) was notified of the (...)

Coronavirus (COVID-19) update 9.4.2020: current operations in the AFCA and regulations relating to merger notifications and examinations* Current regulations relating to merger notifications and examinations Due to the current traffic restrictions and statutory special rules relating to (...)

Supreme Cartel Court submits questions to European Court of Justice in the appeals procedure concerning territorial agreements in connection with the sale of industrial sugar* In the cartel case on territorial agreements in connection with the sale of industrial sugar, Vienna Higher Regional (...)

Corona (Covid-19) Update Further measures by the Austrian Federal Competition Authority 16. March 2020* The AFCA is doing its utmost in the current situation to maintain at least limited business operations, taking into account the current circumstances in terms of organisation, human (...)

Eurazeo SE fined for illegal merger* The Cartel Court, at the Austrian Federal Competition Authority’s request, has imposed a fine of € 30,000 on Eurazeo SE. The respondent had indirectly acquired a 58.8% stake in 2R Holding SAS and thus been in a position of sole control between 17 July (...)

KTM AG and Kiska GmbH fined for illegal merger* The Cartel Court, at the Austrian Federal Competition Authority’s request, has imposed a fine of € 60,000 on KTM AG and Kiska GmbH. The first respondent had held a 26% stake in the second respondent during the period from 7 October 2015 to 29 (...)

Fine imposed for illegal merger in the building materials industry* On 14 June 2019 the Cartel Court, at the Federal Cartel Prosecutor’s request, imposed a fine of € 70,000 on WIG Wietersdorfer Holding GmbH. WIG Wietersdorfer Holding GmbH had acquired a 50% stake in the target company (...)

After a first analysis, discussions with the European Commission (DG Competition) and the German Bundeskartellamt, the BWB has decided to initiate investigation proceedings concerning suspected infringements of Austrian and European Competition Law. The BWB will examine, whether Amazon (...)

BWB/K-361 fine decision against RAUCH Fruchtsäfte GmbH & Co OG 06/08/2016* Vienna, June 8, 2016. On March 3, 2016 (26 Kt 2/16p), the Cartel Court (KG) imposed a fine of EUR 1.7 million on Rauch Fruchtsäfte GmbH & Co OG and Rauch Fruchtsäfte GmbH for vertical coordination of retail (...)

BWB/Z-2308 voestalpine Weichensysteme GmbH - WS Service GmbH* ​​Vienna, December 9, 2014. On April 14, 2014, the Federal Competition Authority reported the acquisition of 49% of WS Service GmbH, a 100% subsidiary of ÖBB-Infrastruktur Aktiengesellschaft (ÖBB Infra), which is active in the (...)

Significant price-increase: BWB examines telecom sector* On 12 December 2012, the European Commission has approved the acquisition of the mobile phone company Orange by Hutchison 3G, subject to conditions. After the reduction of the market from four to three participants, there was (...)