1. Introduction By order of 9 November 2011 in Case 16 Ok 5/11, the Austrian Supreme Court (acting as the highest appellate court in competition matters; Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) confirmed the first instance decision of the Vienna Cartel Court (Oberlandesgericht Wien als Kartellgericht; order of 21 June 2011, 29 Kt 28, 29, 30/11-3) granting the Austrian competition authority (Bundeswettbewerbsbehörde; “BWB”) a search warrant for the purpose of inspecting the premises of some breweries which were suspected of having conspired inter alia in a boycott cartel to the detriment of Austrian cash & carry retailers. 2. Background Upon request by the BWB, the Vienna Cartel Court had authorised
The Austrian Supreme Court confirms the legality of a request for a warrant to search the premises of breweries suspected to have participated in a cartel (Brauereikartell)
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