The Austrian Supreme Court holds that a fee structure of a trade association infringes Art. 81 EC despite its voluntary nature and limited application in practice (Honorarordnung der Baumeister)

Background The Austrian Supreme Court (acting as the highest appellate court in competition matters) upheld a decision of the Austrian Cartel Court, by which the latter declared a fee structure (in the following the "Fee Structure") of the Austrian trade association of builders as infringing Art 81 EC. The trade association of builders is a public corporation (based on Austrian statutory law) which has, since 1978, regularly issued non-binding tariff structures for its members (i. e., private building companies). When a further increase of such recommended tariffs was published in 2004, the Austrian NCA applied to the Cartel Court to require the trade association to withdraw the Fee

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Author

  • Becker Guenther Regner (Vienna)

Quotation

Stephan Polster, The Austrian Supreme Court holds that a fee structure of a trade association infringes Art. 81 EC despite its voluntary nature and limited application in practice (Honorarordnung der Baumeister), 20 December 2005, e-Competitions December 2005, Art. N° 13240

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