Heinrich Kühnert

DORDA (Wien)
Lawyer (Partner)

Heinrich Kühnert is a partner and heads DORDA’s antitrust and regulatory practice group. Heinrich advises domestic and international clients on all aspects of Austrian and European competition law (merger control, antitrust, abuse and state aid). He has broad experience in a large number of industries, including energy, transport, telecom, media, healthcare, mechanical engineering as well as retail. In addition to his advisory work. Prior to joining DORDA in March 2016, Heinrich practiced as partner in a leading Austrian competition practice, and as principal associate in the antitrust, competition and trade group of Freshfields Bruckhaus Deringer. Heinrich publishes regularly on competition law topics.

Linked author

Reidlinger Schatzmann Rechtsanwälte (Vienna)

Articles

61916 Bulletin

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court voids a judgment of the Cartel Court on the assessment of a "radius clause" provided for in the lease agreements of a shopping center (UNO Shopping / PlusCity)

4527

In a decision of 25 March 2009, the Austrian Supreme Court decided to void a judgment of the Cartel Court on the assessment of a "radius clause" provided for in the lease agreements of a shopping centre in the Linz area. 1. Facts and decision at first instance The case at hand is the result (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court rules that the sale of shares to the remaining jointly controlling shareholders constitutes a concentration (RAG / Shell)

3253

1. Facts and decision at first instance This case involves a change in the shareholder structure of RAG, Austria’s second largest oil and gas company. Before the concentration, the shares in RAG were held by two holding companies. One holding company, which held 75% in RAG’s shares, was jointly (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court once again finds that an integrated film distributor and cinema operator abused its dominant position by refusing to supply copies of its films to rival cinema operators (Constantin-Film)

2162

This case is the latest instalment in a series of claims for refusal to deal brought by Austrian cinema operators against Constantin-Film, a company active in Austria both as a distributor of cinema films and as an operator of a large number of cinemas. Like the previous decisions against (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court increases one of the fines imposed to banks by the NCA in the ATM agreement case from €5 to 7 million (Europay Austria / Bankomat-Vertrag)

6289

On 12 September 2007, the Austrian Supreme Cartel Court decided on the appeals lodged against the Cartel Court’s decision imposing a fine of EUR 5 million on Europay Austria. We reported on the Cartel Court’s decision in e-Competitions. By way of summary, Europay Austria was fined for (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court confirms that a cooperation agreement in the savings bank sector only partly fulfils the criteria of Art. 81.3 EC and, in a separate decision, that one of the cooperation cases constitutes a concentration (Erste Bank)

4073

As reported previously, in a decision of 13 June 2006 the Austrian Cartel Court had found that the cooperation agreements concluded between the majority of players in the Austrian savings banks sector violated Article 81(1) EC, but was partly exempt under Article 81(3) EC (See Axel Reidlinger (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Cartel Court clears in phase II the acquisition of alternative telecoms operator by incumbent while accepting infrastructure and wholesale remedies (eTel/Telekom Austria)

4928

On 12 April 2007, the Austrian Cartel Court cleared the acquisition of alternative telecoms operator eTel by Austrian incumbent Telekom Austria (TA), subject to remedies entered into by TA. TA is the Austrian telecoms incumbent and is the strongest player on the various Austrian markets for (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Cartel Court imposes its highest fine ever for concerted and abusive practices in the debit card and payment system sector (Europay Austria / Bankomat-Vertag)

4611

On December 1st, 2006 the Austrian Cartel Court imposed its highest fine ever, of EUR 5 million, on Europay Austria Zahlungsverkehrssysteme GmbH (“Europay Austria”). Europay Austria was fined for violation of the Austrian law equivalents of Art 81 and Art 82 because of its participation in the (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Cartel Court finds that the cooperation in the savings bank sector violates Art. 81.1 EC but fulfils for the most part the criteria of Art. 81.3 EC (Erste Bank)

7075

In a decision of 13 June 2006, the Austrian Cartel Court found that the cooperation agreements concluded between the majority of players in the Austrian savings banks sector violated Article 81(1) EC, but was for the most part exempt under Article 81(3) EC. In Austria, banking operations have (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court upholds the Competition Authority’s decision ordering the postal incumbent to cease abusive tying via its price offers on the market for day delivery of newspapers and magazines (Österreichische Post)

3059

On 10 May 2005, the Austrian Cartel Court ordered Österreichische Post AG (“Post”) to cease to abuse its dominant position on the market for day delivery of newspapers and magazines. The abuse in question was constituted by certain clauses contained in the terms and conditions offered by Post to (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court holds that third parties are empowered to apply to the Cartel Court for the bringing to an end of infringements of anticompetitive practices (Bank Austria / Erste Bank)

3050

The Bank Austria v. Erste Bank a. o. proceedings have a rather convoluted history. In 2002, the Austrian legislator enacted a provision exempting agreements between members of a group of credit institutions from the Austrian law prohibition of restrictive agreements. On 1st January 2002, Erste (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court finds, on the basis of the essential facilities doctrine, that a distributor abused its dominant position on the market for film distribution by refusing to supply competitors (Constantin-Film)

4209

This case relates to the treatment of refusals to supply under Sec. 35 of the Austrian Cartel Act, the Austrian-law equivalent of Article 82 of the EC-Treaty. The decision of the Austrian Supreme Court, acting as Appellate Cartel, reveals a rather generous application of the refusal to (...)

Axel Reidlinger, Heinrich Kühnert The Austrian Supreme Court, acting as appellate Cartel Court, refuses to state whether or not an agreement falls within the scope of Art 81 EC (Oberste Gerichtshof)

3332

This case relates to the effects of the modernization of EC competition law on Austrian law. Sec. 8a of the Austrian Cartel Act empowers the Cartel Court upon formal request by a party to decide whether or not a specific set of facts falls within the scope of the Act. In the case at issue, the (...)

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