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)

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 Bank and a large number of Austrian savings banks entered into a joint liability arrangement amounting to the creation of a group of credit institutions. While this agreement came within the above exemption provided for by the Austrian Cartel Act, that exemption obviously did not apply to the European competition rules. Hence, third parties lodged complaints under Art 81 EC both with the Austrian Federal Competition Authority and to the European Commission. Due to the close connection of the

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Authors

  • Reidlinger Schatzmann Rechtsanwälte (Vienna)
  • DORDA (Wien)

Quotation

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), 20 December 2005, e-Competitions December 2005, Art. N° 437

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