The Austrian Supreme Court holds that certain aspects of a co-operation agreement between Austrian savings banks violates Art 81 EC (Erste Bank)

1. Background The Austrian Supreme Court (acting as the highest appellate court in competition mat-ters) upheld a first instance decision of the Austrian Cartel Court (13 June 2006, 27 Kt 83/04, 27 Kt 18, 193/04 ; See Axel Reidlinger and Heinrich Kühnert, The Austrian Cartel Court finds that the cooperation in the Austrian savings bank sector violates Art. 81(1) EC but fulfils for the most part the criteria of Art. 81(3) EC (Erste Bank), e-Competitions, September 2006-I, n° 12123), by which the latter found that a cooperation agreement concluded between Austrian savings banks infringed, to some extent, Art 81 (EC), but was in part also exempted under Art 81 (3) EC. Since 2002, Erste Bank, the largest Austrian savings bank, and 53 regional and local savings banks have been parties to

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  • Becker Guenther Regner (Vienna)

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Stephan Polster, The Austrian Supreme Court holds that certain aspects of a co-operation agreement between Austrian savings banks violates Art 81 EC (Erste Bank), 21 March 2007, e-Competitions Bulletin March 2007, Art. N° 13601

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