The Austrian Supreme Court holds that records from competition proceedings cannot be withheld from the public prosecutor in a following criminal proceeding on the grounds of protecting trade secrets according to the Anti-Cartel Act (Elevator cartel)

Background: Following on from the elevator cartel case («Aufzugskartell»), in which the involved undertakings were fined 25 million Euros for breaching Art 81 ECT (Art 101 TFEU) [1], the public prosecutor («Staatsanwaltschaft Wien») brought proceedings against a number of involved persons pursuant to §§146 et seq, 168b of the Austrian Criminal Code (StGB) (fraud and anticompetitive arrangements in public tender proceedings) [2]. The cartel court («Kartellgericht») submitted the court records [3] to the public prosecutor upon its request for administrative assistance making reference to the special protection of trade secrets in cartel proceedings pursuant to § 39 para 2 Anti Cartel Act. Upon application of a party to the initial cartel

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Bernard Galiciani, The Austrian Supreme Court holds that records from competition proceedings cannot be withheld from the public prosecutor in a following criminal proceeding on the grounds of protecting trade secrets according to the Anti-Cartel Act (Elevator cartel), 22 June 2010, e-Competitions Due Process Research Program, Art. N° 34266

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