Peter Thyri

Peter Thyri Competition Counseling Research (Vienna)
Lawyer (Partner)

Peter Thyri is the founder of PETER THYRI Competition Counseling&Research, a specialized law firm integrating heavy practical exposure and academic work in Competition law. Peter holds degrees from the Universities of Vienna and Rome "La Sapienza" (Erasmus 1997, Mag. iur. 1998), Donau University Krems (LL.M. 2000), New York University (LL.M. 2001), the European University Institute (Diploma 2003) and the University of Salzburg (Dr. iur. 2007). Before establishing his own practice in October 2012, he practiced with leading firms Wolf Theiss (2010 - 2012), Schoenherr, Vienna (2007-2010, junior partner) and Wilmer, Cutler & Pickering, Brussels (2001/02) and held a full-time teaching position at the Department for Labour-, Economic- und European Law at University of Salzburg (2003-2007). Peter Thyri’s work focuses on a wide range of competition and European law issues, primarily Antitrust procedure, -litigation and State Aid law before the European Commission, the EC Courts as well as the Austrian Competition Authorities and the Austrian Cartel Court. Recently, Peter has been representing the European Commission in an Antitrust case before the General Court. Peter reads EU competition law at Vienna University of Economics and Business as well as at various master programs in Austria and elsewhere. He is a regular speaker on conferences and seminars. His publications include a standard treatise on European law (together with Eilmansberger/Herzig/Jaeger), a price-winning book on Austrian Antitrust Enforcement, as well as more than 50 academic pieces on EC, EC-competition and State-aid law. Peter Thyri works in German, English, French, Spanish, and Italian.

Articles

12516 Bulletin

Peter Thyri, Thomas Jaeger The Austrian Supreme Court suspends proceedings under the Austrian competition act concerning whether the sale of a bank constituted State Aid (SLAV)

3487

Factual background The privatisation of Bank Burgenland (“BB”) was a condition for the approval of a restructuring aid for Bank Burgenland by the Commission in 2004. In March 2006, following a third and finally successful public tender, Land Burgenland finally sold Bank Burgenland to GRAWE for (...)

Peter Thyri, Thomas Jaeger The Austrian Constitutional Court rules that the beneficiaries of unlawful State aid cannot rely on a legitimate expectations to resist the recovery (ÖkostromG)

2947

Factual Background The judgment concerns a review of the constitutionality of the Austrian Ökostromgesetz of 2002 (ÖkostromG) in an appeal over reimbursement of additional cost for CHP electricity production provided for in that law. Reimbursement is subject to a number of criteria under the (...)

Peter Thyri, Thomas Jaeger The Austrian Supreme Court rules that a system of official inserts in a newspaper is not subject to prohibition of implementation and does not violate the national act against unfair competition (Die Presse)

1790

Factual Background “Die Presse” is a privately held Austrian daily newspaper. “Wiener Zeitung” (WZ), a private company owned by the Austrian Government, is a daily newspaper with an official insert used by the Austrian Government to publish formal announcements such as newly passed laws, civil (...)

Peter Thyri, Thomas Jaeger The Austrian Administrative Court refuses to open up the circle of State aid recipients to suppress the selective character of the measure and assumes a total blockage effect of the standstill obligation for past periods (Austrian Energy reimbursements)

2627

Factual Background The EAVG (in the applicable version) provided for a reimbursement of taxes levied on the consumption of electricity on two conditions: 1) Eligibility only of undertakings in the goods manufacturing sector; and 2) electricity consumption above a minimum threshold. From 1997 (...)

Peter Thyri, Thomas Jaeger An Austrian Administrative Court rejects the argument that unlawful State aid in the Austrian system of parafiscal agro-marketing charges can affect the collection of the charge (AMA marketing fees)

1665

Factual Background All judgments concern appeals against decisions of the administrative authority Agrarmarkt Austria (AMA) responsible for assessing and collecting parafiscal charges levied on the production of certain agricultural products under the provisions of the Bundesgesetz über die (...)

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