The Austrian Supreme Court confirms that business secrets must be protected in cartel decisions (Rewe)

Introduction The Rewe Publication discussed here concerns the application of the newly amended Section 37 Austrian Cartel Act, which foresees the publication also of decisions by the Austrian Cartel Court (Kartellgericht) and not only, as in the past, of decisions by the Austrian Supreme Court (OGH) sitting as Cartel Court of Appeals (KOG). The amendment, which entered into force on 1 March 2013, aimed at increasing transparency. Section 37 Austrian Cartel Act now stipulates that, in principle, all decisions by the Cartel Court, a specialized division of Higher Regional Court Vienna (OLG Wien), must be published in the so called “Ediktsdatei” (an electronic notice board). The publication shall state the names of the parties and the main content of the decision; including

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Florian Neumayr, The Austrian Supreme Court confirms that business secrets must be protected in cartel decisions (Rewe), 27 January 2014, e-Competitions January 2014, Art. N° 68779

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