Austria’s restrictive rules on access to the court file of the Austrian Cartel Court in cartel cases were under scrutiny in the ECJ’s Donau Chemie judgment in 2013. The Cartel Court is the competition authority that adopts substantive decisions in competition law matters (including the imposition of fines, upon application by the FCA, which is mainly competent for investigating potential infringements and submitting requests to the Cartel Court, which then decides on such requests after hearing the defendant). Cartel damage claims, however, have to be submitted to the ordinary civil and commercial courts. On 12 May 2022 the Austrian Supreme Court (in its capacity as Appellate Cartel Court) decided on the appeal by the Austrian state rail operator OeBB against the Cartel Court’s
Share on
|
|
The Austrian Cartel Court clarifies how the EU Court of Justice case law is still relevant after the EU Damages Directive in relation to access to cartel filings for the purposes of preparing damage claims (OeBB)
Access to this article is restricted to subscribers
Already Subscribed? Sign-in
Access to this article is restricted to subscribers.
Read one article for free
Sign-up to read this article for free and discover our services.
