The Austrian Supreme Court revokes settlement obligations by a dominant undertaking due to altered market conditions (Mediaprint / Moser Holding)

Background In 1999 Moser Holding (the publisher of the Tyrolean daily newspaper "Tiroler Tageszeitung") filed an application pursuant to sec. 35 Austrian Cartel Act 1988 before the Austrian Cartel Court, alleging its competitor Mediaprint (the publisher of national daily newspapers "Krone" and "Kurier") of abusing the latter's dominant position by means of offering subscriptions in Western Austria at a price being far below the price for a "Kurier"- or "Krone"- subscription in Eastern Austria and thus offering its products far below variable costs (file reference n° 26 Kt441/00). On 7 June 2001, these proceedings ended with a settlement between the parties in which Mediaprint undertook not to offer subscriptions for its daily newspapers "Krone" and "Kurier" in Tyrol more than 27%

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Stephan Polster, Michael Zellhofer, The Austrian Supreme Court revokes settlement obligations by a dominant undertaking due to altered market conditions (Mediaprint / Moser Holding), 5 December 2007, e-Competitions Bulletin December 2007, Art. N° 19546

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