The Austrian Supreme Court raises up to € 120.000 a fine for breach of obligation to reply fully and in time to the NCA’s sector inquiry information request (Branchenuntersuchung Lebensmittelhandel)

By order of 21 January 2008 in Case 16 Ok 8/07, the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) largely confirmed the order of 9 May 2007, Case 29 Kt 106, 107/06-23, of the Vienna High Court in competition matters (Oberlandesgericht Wien als Kartellgericht), but raised the fine which the latter had imposed on an undertaking for not having replied timely and in full to a request for information sent by the Austrian Federal Competition Authority (Bundeswettbewerbsbehörde ; “BWB”) in the framework of a sector inquiry into the Austrian food wholesale and retail distribution sector. 1. Background In autumn 2005, the BWB had sent out a number of information requests within the meaning of

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  • European Court of Justice (Luxembourg)

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Hanns Peter Nehl, The Austrian Supreme Court raises up to € 120.000 a fine for breach of obligation to reply fully and in time to the NCA’s sector inquiry information request (Branchenuntersuchung Lebensmittelhandel), 21 January 2008, e-Competitions January 2008, Art. N° 16041

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