The Austrian Supreme Court rules on dawn raids under Austrian Law (Polystyrene cartel case)

Introduction The Austrian Competition Act entitles the Austrian Federal Competition Agency to conduct dawn raids. While in the past, the Federal Competition Agency has hardly made use of this right, it conducted approximately 25 dawn raids in the last 12 months alone. The law foresees that for a dawn raid in the narrow sense (basically, a search against the will of an undertaking), the Federal Competition Agency needs a search warrant issued by the Austrian Cartel Court (a specialized division of Higher Regional Court Vienna). If an undertaking does not request a search warrant, the Federal Competition Agency may also conduct a search at an undertaking’s premises without the service of a search warrant (this may be called a dawn raid in the broader sense). The decision discussed

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Florian Neumayr, The Austrian Supreme Court rules on dawn raids under Austrian Law (Polystyrene cartel case), 20 December 2011, e-Competitions December 2011, Art. N° 48581

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