The Austrian Supreme Court deals for the first time with new provision on periodic penalty payments (§ 35 Cartel Act 2005)

On 30 March, 2007, the Austrian Supreme Court rejected an appeal against an order imposing a periodic penalty payment on the grounds that the order does not imperil the appellant's legal position. Background Under § 11a of the Austrian Competition Act (“Wettbewerbsgesetz”), the Austrian Federal Competition Authority (FCA) is authorised to require undertakings to supply information within a reasonable period of time. In case of non-compliance, the Cartel Court shall impose a periodic penalty payment. The latter procedure is enshrined in § 35 (1) of the Austrian Cartel Act 2005 (“Kartellgesetz”). In the pending case, an undertaking refused to provide the FCA with information. Thereupon, the FCA filed an application for imposing a periodic penalty payment with the Cartel Court. The Cartel

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Rainer Palmstorfer, The Austrian Supreme Court deals for the first time with new provision on periodic penalty payments (§ 35 Cartel Act 2005), 30 March 2007, e-Competitions March 2007, Art. N° 16282

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