The Austrian Supreme Court upholds record fine amounting to €75.4 million (Elevators and escalators suppliers)

1. Background On 14 December 2007, the Austrian Cartel Court imposed a record fine amounting to EUR 75.4 million in total against five suppliers of elevators and escalators after proceedings have been initiated by a leniency application before the Austrian Federal Competition Authority (“BWB”) back in August 2006 [1] . The decision of the Cartel Court has been contested by the alleged cartel members (the defendants) and the BWB as the public prosecutor. On 8 October 2008, the Supreme Court fully upheld this decision and held that the Cartel Court neither erred in finding that the defendants committed a complex violation against Art 81 EC having as the central object the allocation of tenders (bid rigging) and other contracts (such as sale, installation, maintenance and modernisation

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Stephan Polster, Michael Zellhofer, The Austrian Supreme Court upholds record fine amounting to €75.4 million (Elevators and escalators suppliers), 8 October 2008, e-Competitions October 2008, Art. N° 22899

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