The Austrian Supreme Court rules that a newspaper distributor cannot be considered an agent under EU competition law (Newspaper Distributor II)

Background The Austrian Competition Authority (“Bundeswettbewerbsbehörde”) successfully filed an application with the Austrian Cartel Court against a German publishing group, its Austrian subsidiary and an Austrian newspaper distributor. The application was based on certain vertical restraints (e.g. export bans). Appealing against the Cartel Court`s decision, the defendants in particular claim that the newspaper distributor is a mere ancillary element of the publishing company and, moreover, cannot even be considered a market intermediary. Consequently, the Austrian Supreme

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Rainer Palmstorfer, The Austrian Supreme Court rules that a newspaper distributor cannot be considered an agent under EU competition law (Newspaper Distributor II), 1 December 2009, e-Competitions December 2009, Art. N° 31187

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