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)

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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Authors

  • Reidlinger Schatzmann Rechtsanwälte (Vienna)
  • Bpv Hügel (Vienna)

Quotation

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), 20 December 2004, e-Competitions Bulletin December 2004, Art. N° 131

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