Schoenherr (Vienna)

Stefanie Stegbauer

Schoenherr (Vienna)

Stefanie Stegbauer is an counsel with Schoenherr based in their Vienna office. Her practice focuses on competition, EU & foreign trade, compliance, internal investigations and crisis response. She holds a degree from the University of Vienna.

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Schoenherr (Warsaw)
Schoenherr (Prague)
Druzhestvo Stoyanov & Tsekova in cooperation with Schoenherr (Sofia)
Schoenherr (Belgrade)
Schoenherr (Vienna)


368 Bulletin

Stefanie Stegbauer The Austrian Supreme Court confirms that claimants may seek damages for cartel effects in the courts in the country in which they are domiciled but rejects the case because the claimant chose the wrong domestic court (RBS)


Brief summary of facts In 2016, XY filed its action against RBS seeking damages incurred due to higher interest payments because of an unlawful manipulation of the LIBOR. The interest rate of the claimant’s credit was fixed to the LIBOR. Due to these manipulations, the claimant supposedly (...)

Stefanie Stegbauer The Austrian Supreme Court refers a cartel case back to the court of first instance to establish whether umbrella pricing effects are provably a result of a cartel (ÖBB)


Brief summary of facts This case related to umbrella pricing claims that allegedly arose as a consequence of the elevator cartel; the claimant argued that he had incurred damages due to the fact that all market participants in the elevator industry that had not been part of the cartel had (...)

Stefanie Stegbauer The Austrian Supreme Court finds a claim against elevator cartelists inadmissible but confirms that claimants that are only indirectly harmed by cartel activities may claim damages (Vienna Insurance Group)


Brief summary of facts This case is a damages case following the Austrian elevator & escalator cartel decision. In this case passing-on defence issues were raised. Brief summary of judgment The claimant argued that violations of cartel law resulted in higher prices paid for elevators (...)

Stefanie Stegbauer The Austrian Supreme Court rules that in a damages claim arising from a elevator cartel that the limitation period begins from the time of the publication of the final judgement, not from when the cartel is covered in the media (Stadt Wien)


Brief summary of facts This judgment deals with the question of the limitation of an action for damages. The specific provision on limitation in the Cartel Act (Section 37a (4) KartG) was not applicable at the time of the proceedings. Hence, ordinary civil law and its rules on limitation had (...)

Stefanie Stegbauer The Austrian Supreme Court dismisses a claim for damages due to a cartel in the market for elevators and their maintenance due to lack of standing and failure to specify and substantiate the damage


Brief summary of facts In this case, a claimant filed a motion to claim damages because the limited liability company - which he was the only shareholder of the closed business. He argued that since his company (which was a competitor of the cartel participants) suffered from competitive (...)

Stefanie Stegbauer The Austrian Supreme Court admits an argument that harm from a cartel in the market for elevators and their maintenance was entirely passed on to a railway station owner (ÖBB)


Brief summary of facts ÖBB was allegedly affected by the elevator cartel because of damages incurred due to the higher prices for elevator systems in its railway stations. However, ÖBB did not purchase them directly; rather, Stadt Wien purchased them and sold them to ÖBB. Therefore, it was (...)

Stefanie Stegbauer The Austrian Supreme Court rules that damages arising from price fixing of card interchange fees were passed on to the claimant and accordingly the undertaking may seek damages from the defendant banks (HOBEX)


Brief summary of facts In a price-fixing cartel, the operator of a credit card system and the banks (being shareholders of the operator) issuing the credit cards agreed (i) on high and anti-competitive interchange fees and (ii) that the banks must charge the same interchange fees to the (...)

Stefanie Stegbauer The Austrian Supreme Court determines that two companies cannot jointly sue cartelists for distinct infringements notwithstanding the fact they arise from the same cartel


Brief summary of facts A price-fixing cartel was agreed in Austria for the markets of new elevator-systems and maintenance during the years of 1992 and 2005. Due to these price-fixing agreements, damages occurred whenever an elevator-system was sold or maintenance work was carried out. The (...)


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