The Austrian Supreme Court holds that Article 39(2) of the Austrian Competition Act requiring the main parties’ consent to third parties’ request for access to file does not apply in proceedings related to infringements of national competition rules (Europay Austria II)

1. Introduction and background By two judgments of 28 November 2014 in Cases 16 Ok 9/14f and 16 Ok 10/14b, the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) rejected the appeals brought by Europay Austria GmbH against two judgments of the Vienna High Court in competition matters (Oberlandesgericht Wien als Kartellgericht; hereinafter “Cartel Court”), rendered respectively on 9 July 2014 (27 Kt 243, 244/02-143) and 25 June 2014 (Case 27 Kt 20, 24, 27/06-67), by which the latter Court had granted third parties partial access to the cartel file for the purpose of seeking damages against Europay Austria before the Austrian civil courts. The case is linked to Europay Austria’s responsibility for infringement of national

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  • European Court of Justice (Luxembourg)

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Hanns Peter Nehl, The Austrian Supreme Court holds that Article 39(2) of the Austrian Competition Act requiring the main parties’ consent to third parties’ request for access to file does not apply in proceedings related to infringements of national competition rules (Europay Austria II), 28 November 2014, e-Competitions November 2014, Art. N° 74655

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