The Austrian Supreme Court deals for the first time on damage claims based on violations of EC competition law ("Photocopying machines")

This is the first published judgment in which the Austrian courts deal with damage claims based on violations of EC competition law. Unfortunately, the Supreme Court's decision is quite cryptic and does not reveal much of its approach to damages actions. The subject-matter of the case is well known to competition lawyers : the defendant, in its counterclaim, alleged violations of Art 81 and 82 by the plaintiff, a producer of photocopying machines. While the Supreme Court does not give a full account of the exact nature of the defendant's claims, it appears that the defendant complained of ty-ing by (i) making the guarantee conditional upon the use of toners produced by the plaintiff, and (ii) advertising that only the use of the plaintiff's spare parts would safe-guard the

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Authors

  • Reidlinger Schatzmann Rechtsanwälte (Vienna)
  • DORDA (Wien)

Quotation

Axel Reidlinger, Heinrich Kühnert, The Austrian Supreme Court deals for the first time on damage claims based on violations of EC competition law ("Photocopying machines"), 12 October 2004, e-Competitions October 2004, Art. N° 130

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