The Austrian Cartel Court opposes to damages action ruling that an application seeking a declaratory judgement on a past infringement lack legitimate interest (MGE-RB Parndorf)

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 factory outlet centre (“FOC”) in Parndorf, Austria. The lease contracts MGE-RB had entered into with its shop tenants contained a radius clause (i.e. a provision that prevented shop tenants from opening stores in other FOCs within a distance of 60 km). In August 2006, the Austrian Federal Competition Authority (FCA) filed an application for a finding of abuse of market dominance with the Cartel Court. The FCA took the view that, by means of the said radius clause, MGE-RB abused its dominant position. In

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Rainer Palmstorfer, The Austrian Cartel Court opposes to damages action ruling that an application seeking a declaratory judgement on a past infringement lack legitimate interest (MGE-RB Parndorf), 31 August 2007, e-Competitions August 2007, Art. N° 15170

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