The Austrian Supreme Court extends the scope of the principle of non-discrimination (Bavarian Sawtimber)

On 16 July, 2008, the Austrian Supreme Court ruled that a supplier having a certain level of market power has to apply similar conditions to all undertakings that buy and resell goods (i.e. authorized resellers) irrespective of whether the goods have undergone processing or working prior to reselling them. Background Defendant, the Bavarian public law institution “Bayrische Staatsforsten”, manages Bavaria`s state-owned forests. The Bavarian state forests supplied the Klauser Group, an undertaking operating five sawmills in Bavaria, with sawtimber on conditions very favourable to the Klauser Group. Claimant, the Austrian association of timber industry, filed an application with the Austrian Cartel Court. The Cartel Court was requested to order Defendant to refrain from applying, without

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Rainer Palmstorfer, The Austrian Supreme Court extends the scope of the principle of non-discrimination (Bavarian Sawtimber), 16 July 2008, e-Competitions July 2008, Art. N° 22063

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