The Austrian Cartel Court reminds about the domestic merger thresholds and imposes a fine for failure to notify the acquisition on a car parts manufacturer (Castanea Rubra / Neue Halberg)

(Un)friendly Reminder From The Austrian Cartel Court Of How To Allocate Turnover* Antitrust lawyers often work under time pressure when assessing the relevant thresholds to determine where a merger filing must be submitted. They usually keep the requests concerning turnover to a minimum, because turnover is generally attributed to where the customer is located. However, if the parties are not familiar with the geographic allocation rules under merger control law, this could lead to trouble. A recent decision in Austria, involving a multinational corporation with a central purchasing organisation, demonstrates that the turnover figures provided by the parties should be reviewed in detail to confirm the geographical allocation. Otherwise, the acquirer could be on the hook for

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Authors

  • Eisenberger & Herzog Rechtsanwalts (Vienna)
  • Eisenberger & Herzog Rechtsanwalts (Vienna)

Quotation

Judith Feldner, Sophie Bara, The Austrian Cartel Court reminds about the domestic merger thresholds and imposes a fine for failure to notify the acquisition on a car parts manufacturer (Castanea Rubra / Neue Halberg), 27 March 2020, e-Competitions March 2020, Art. N° 97011

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