The Austrian Highest Court of Appeal confirms obligation to reply fully to the NCA sector inquiries’ requests for information (Austrian cash & carry)

By judgment of 11 October 2006 in Case 16 Ok 8/06, the Austrian Highest Court of Appeal in competition matters (Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) confirmed the judgment of 10 April 2006, Case 29 Kt 80/05-33, of the Vienna High Court in competition matters (Oberlandesgericht Wien als Kartellgericht), by which the latter had ruled that undertakings must reply fully to requests for information made by the Austrian competition authority (Bundeswettbewerbsbehörde; “BWB”) in the framework of a sector inquiry, in the present case a general inquiry conducted in respect of the Austrian food wholesale and retail distribution sector “cash & carry”. 1. Background In autumn 2005, the BWB had sent out a number of information requests within the meaning of Sec 11a of the

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  • European Court of Justice (Luxembourg)

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Hanns Peter Nehl, The Austrian Highest Court of Appeal confirms obligation to reply fully to the NCA sector inquiries’ requests for information (Austrian cash & carry), 11 October 2006, e-Competitions October 2006, Art. N° 13151

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