The Austrian Supreme Court confirms lower court’s decision finding that the national public broadcasting company did not abuse its dominant position by increasing its fee for decryption service (ORF)

1. Introduction On 12 March 2020 the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Kartellobergericht; hereinafter: “Supreme Court”) confirmed a decision by the Higher Regional Court of Vienna in competition matters (Oberlandesgericht Wien als Kartellgericht; hereinafter: “Cartel Court”). The Cartel Court had found that ORF, Austria’s public broadcasting company, had not abused its dominant position on the Austrian satellite platform market by asking a satellite TV platform operator to pay a higher fee than previously agreed in a contract regarding the provision of decryption services (“Simulcrypt agreement”). The Supreme Court rejected appeals brought against the Cartel Court decision by the applicant, HD Austria, and the Federal Competition Authority

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  • Reidlinger Schatzmann Rechtsanwälte (Vienna)

Quotation

Franz Stenitzer, The Austrian Supreme Court confirms lower court’s decision finding that the national public broadcasting company did not abuse its dominant position by increasing its fee for decryption service (ORF), 12 March 2020, e-Competitions March 2020, Art. N° 96189

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