Rainer Palmstorfer has a law degree from the University of Salzburg (2005). In 2007, he took part in the collaborative LL.M. programme in transnational business practice (Salzburg University/ University of the Pacific). He has been a research assistant at the Salzburg University Department of Labour Law, Economic Law and European Law since 2007. He specializes in the field of European Common Market and Competition Law. He is also writing his doctoral thesis in this domain.
2159
Background The Austrian Competition Authority (“Bundeswettbewerbsbehörde”) successfully filed an application with the Austrian Cartel Court against a German publishing group, its Austrian subsidiary and an Austrian newspaper distributor. The application was based on certain vertical (...)
2244
On 14 July, 2009, the Austrian Supreme Court ruled that cartel law infringements do not automatically qualify as unfair commercial practices under the Austrian Act against Unfair Competition. Background The plaintiff, a small-sized Austrian law firm software provider, brought an action for (...)
2283
On 25 March, 2009, the Austrian Supreme Court ruled that a shopping centre’s “radius-clause” provision (i.e. non-competition provision) is not anti-competitive because it does not make a significant contribution to the sealing-off effect brought about by the totality of such agreements in (...)
4507
On 16 July, 2008, the Austrian Supreme Court ruled that a supplier having a certain level of market power has to apply similar conditions to all undertakings that buy and resell goods (i.e. authorized resellers) irrespective of whether the goods have undergone processing or working prior to (...)
2633
On 10 June, 2008, the Austrian Supreme Court ruled that the view according to which an advantage that may qualify as an existing state aid measure under Article 87 EC may be considered permissible as long as the Commission has not declared this advantage as being incompatible with the Common (...)
4308
On 31 August, 2007, the Austrian Cartel Court rejected an application seeking a declaratory judgement on a past infringement of Austrian and EC provisions on the grounds that the applicants failed to prove a legitimate interest. Background MGE-RB Parndorf GmbH (“MGE-RB”) operates a (...)
2515
On 30 March, 2007, the Austrian Supreme Court rejected an appeal against an order imposing a periodic penalty payment on the grounds that the order does not imperil the appellant’s legal position. Background Under § 11a of the Austrian Competition Act (“Wettbewerbsgesetz”), the Austrian (...)
3104
On 20 December, 2005, the Austrian Supreme Court ruled that a dominant undertakings refusal to supply a potential customer is objectively justified by lack of trust. This was due to the potential customers negotiation behaviour. Background Since 1999, Defendant has been the sole producer (...)
