The Austrian Supreme Court considers that the examination of a merger case excludes the parallel examination of antitrust issues (MPV/PGV)

Introduction The MPV/PGV decision discussed here concerns the (merger) notification of a logistic joint venture between two Austrian press wholesalers. Unlike the European Merger Regulation 139/2004, the Austrian Cartel Act does not foresee an appraisal of a transaction under anti-trust considerations (Section 1 Austrian Cartel Act resembling Article 101 TFEU) in merger control proceedings. The discussed decision sheds further light on the interrelation between Austrian merger control and the prohibition of cartels. Moreover, it discusses the difference(s) between the creation of a (new) full function joint venture and the acquisition of a stake in an already existing business. The decision includes two core messages: The examination of a merger case excludes the parallel

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Florian Neumayr, The Austrian Supreme Court considers that the examination of a merger case excludes the parallel examination of antitrust issues (MPV/PGV), 27 January 2014, e-Competitions January 2014, Art. N° 68780

Visites 99

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues