The Austrian Supreme Court finds that the concept of single economic entity may also apply to jointly controlled undertakings (Exercise of voting rights by minority shareholder)

Company Law versus Competition Law – Minority shareholder successfully defends against the adoption of a resolution (6 Ob 105/19p)* For the first time following a longer break, the Supreme Court examined in depth the interplay between company law and antitrust law in case 6 Ob 105/19p – CERHA HEMPEL was involved in the proceedings. The legal dispute started when a motion to approve the budget and investment plan was tabled and put to a vote at the general meeting of a limited liability

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Bernhard Kofler-Senoner, Irene Welser, Thomas Zivny, The Austrian Supreme Court finds that the concept of single economic entity may also apply to jointly controlled undertakings (Exercise of voting rights by minority shareholder), 19 December 2019, e-Competitions December 2019, Art. N° 96187

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