The Austrian Supreme Court in competition matters confirms € 1.9 million fine imposed on industrial chemicals wholesale cartel (Donau Chemie and Donauchem)

1. Introduction and background By judgment of 25 March 2009 in Case 16 Ok 4/09, the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) confirmed a judgment of 24 October 2008 (Case 29 Kt 132, 133/07-54) of the Vienna High Court in competition matters (Oberlandesgericht Wien als Kartellgericht), by which the latter had imposed a € 1.9 million fine on two companies of the Donau Chemie group, Donau Chemie AG and Donauchem GmbH, for having participated in a market sharing and price fixing cartel covering part of the Austrian industry chemicals wholesale supply market [1]. The cartel concerned the wholesale supply of industrial chemicals (“commodities”) in Southern Austria (Carinthia, Styria, South Burgenland and Tyrol), where the

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  • European Court of Justice (Luxembourg)

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Hanns Peter Nehl, The Austrian Supreme Court in competition matters confirms € 1.9 million fine imposed on industrial chemicals wholesale cartel (Donau Chemie and Donauchem), 25 March 2009, e-Competitions Bulletin March 2009, Art. N° 29687

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