The Austrian Supreme Court confirms that a cooperation agreement in the savings bank sector only partly fulfils the criteria of Art. 81.3 EC and, in a separate decision, that one of the cooperation cases constitutes a concentration (Erste Bank)

As reported previously, in a decision of 13 June 2006 the Austrian Cartel Court had found that the cooperation agreements concluded between the majority of players in the Austrian savings banks sector violated Article 81(1) EC, but was partly exempt under Article 81(3) EC (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). Erste Bank (Austria's largest savings bank organized in the form of a publicly quoted joint-stock company) and 53 smaller local savings banks had concluded in 2002 certain agreements providing for a uniform business and market policy as well as for

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Authors

  • Reidlinger Schatzmann Rechtsanwälte (Vienna)
  • Bpv Hügel (Vienna)

Quotation

Axel Reidlinger, Heinrich Kühnert, The Austrian Supreme Court confirms that a cooperation agreement in the savings bank sector only partly fulfils the criteria of Art. 81.3 EC and, in a separate decision, that one of the cooperation cases constitutes a concentration (Erste Bank), 21 March 2007, e-Competitions Bulletin March 2007, Art. N° 13653

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