The Austrian Supreme Court rejects a request to seal electronic data collected during an inspection on the grounds that they were not covered by the scope of a search warrant (Polystyrolkartell II)

1. Introduction By order of 6 June 2012 in Case 16 Ok 2/12, the Austrian Supreme Court (acting as the highest appellate court in competition matters; Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) confirmed the first instance decision of the Vienna Cartel Court (Oberlandesgericht Wien als Kartellgericht; order of 5 January 2012, 27 Kt 50/11-23) rejecting a request made by a manufacturer of insulation material, who was suspected of having participated in a price-fixing cartel with other manufacturers and, therefore, was subject to an on-the-spot inspection carried out at its premises by the Austrian competition authority

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  • European Court of Justice (Luxembourg)

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Hanns Peter Nehl, The Austrian Supreme Court rejects a request to seal electronic data collected during an inspection on the grounds that they were not covered by the scope of a search warrant (Polystyrolkartell II), 6 June 2012, e-Competitions June 2012, Art. N° 57033

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