The Austrian Supreme Court dismisses an application for review of a concentration due to lack of a change of control (Moser Holding)

On 21 January 2007, the Austrian Supreme Court dismissed an appeal by the Federal Competition Authority against a decision by the Cartel Court dismissing the Authority's application for review of a concentration. The case at issue involved Moser Holding, an undertaking active in the press sector, acquiring an additional 50% shares in a joint venture company publishing free newspapers. Prior to the concentration, Moser Holding had already held 50% of the shares in the joint venture. The remaining shares were held by two shareholders, each of whom held 25% of the shares, respectively. The Federal Competition Authority argued that, since one of the 25% shareholders had also served as one of joint venture's two managing director, the situation prior to the

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Authors

  • Reidlinger Schatzmann Rechtsanwälte (Vienna)
  • Bpv Hügel (Vienna)

Quotation

Axel Reidlinger, Heinrich Kühnert, The Austrian Supreme Court dismisses an application for review of a concentration due to lack of a change of control (Moser Holding), 21 January 2008, e-Competitions Bulletin January 2008, Art. N° 19525

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