Search results - Concurrences

25 Nov 2020 B

The EU Commission approves Austrian measures to support rail freight and passenger operators affected by the COVID-19 outbreak

European Commission • November 2020

State aid: Commission approves Austrian measures to support rail freight and passenger operators affected by the coronavirus outbreak* The European Commission has approved, under EU State aid rules, two Austrian measures supporting the rail freight sector and one measure supporting the rail (...)

20 Nov 2020 B

The EU Commission approves Austrian ”Fixkostenzuschuss Phase II” scheme to support uncovered fixed costs of companies affected by the COVID-19 outbreak

European Commission • November 2020

State aid: Commission approves Austrian ”Fixkostenzuschuss Phase II” scheme to support uncovered fixed costs of companies affected by coronavirus outbreak* The European Commission has approved the Austrian “Fixkostenzuschuss Phase II” scheme to support the uncovered fixed costs of companies (...)

18 Nov 2020 B

The Austrian Government plans to reverse amendments to the occasional traffic act to increase competition, consumer choice, and innovation in the taxi and private hire car markets

Rebecca Halbach • November 2020

As previously reported in this Newsletter, in September 2020 the Austrian Federal Competition Authority (“AFCA”) published the results of a sector inquiry into the taxi and private hire car market. The AFCA found that certain planned amendments to the Occasional Traffic Act (“AOTA”) would (...)

18 Nov 2020 B

The Austrian Government amends its taxi and private hire car regulation to remove taximeter requirement from journeys concluded by way of a communications service

Austrian Competition Authority • November 2020

New amendment to Occasional Traffic Act enables increased competition in the taxi and private hire car market* The Occasional Traffic Act (GelverkG), which includes provisions on the requirement to hold a licence, including the scope and granting of said licence in relation to the combined (...)

29 Oct 2020 B

The Austrian Competition Authority files an application to fine four construction companies for price fixing, market division, and other anti-competitive conduct

Austrian Competition Authority • October 2020

AFCA files application to fine four construction companies for price fixing, market division and other anti-competitive conduct* The alleged infringements include price fixing, market divison and the exchange of competitively sensitive information. On 29 October 2020 the Austrian Federal (...)

7 Oct 2020 B

The Austrian Cartel Court finds a musical instruments maker to have engaged in resale price maintenance (Roland Germany)

Andrzej Kmiecik, Helga Gudmundsdottir • October 2020

According to a press release issued by the Austrian Federal Competition Authority (“FCA”), the Austrian Cartel Court ruled on 24 September 2020 that musical instruments maker Roland Germany GmbH (“Roland Germany”) had violated the competition rules by entering into agreements fixing minimum resale (...)

24 Sep 2020 B

The Austrian Competition Authority releases its final report on sector inquiry into the taxi and private hire car market

Austrian Competition Authority • September 2020

AFCA publishes final report on sector inquiry into the taxi and private hire car market* The Austrian Federal Competition Authority (AFCA) launched a comprehensive sector inquiry into the taxi and private hire car market in September 2019. The Austrian Federal Competition Authority (AFCA) (...)

24 Sep 2020 B

The Austrian Competition Authority finishes its comprehensive sector inquiry into the taxi and private hire car market

Margot Vogels, Andreas Reindl • September 2020

On 24 September 2020, the Austrian Federal Competition Authority (the “FCA”) published its final report on the sector inquiry into the taxi and private hire car market (the “Report”). The comprehensive sector inquiry was launched in September 2019 to ascertain the effects of amendments to the (...)

24 Sep 2020 B

The Austrian Cartel Court finds musical instrument manufacturer guilty of price fixing (Roland Germany)

Austrian Competition Authority • September 2020

Cartel Court finds Roland Germany GmbH guilty of price fixing* The company cooperated with the AFCA within the leniency programme On 24 September 2020 the Cartel Court, acting on the Austrian Federal Competition Authority’s (AFCA) application of 2 June 2020, found Roland Germany GmbH to have (...)

22 Sep 2020 R

Nuclear energy: The Court of Justice of the European Union rules that the construction of a nuclear power plant falls within the scope of state aid control and that it must comply with EU environmental rules to be declared compatible with the internal market (Hinkley Point C)

Alain Ronzano • N° 4-2020

On 22 September 2020, the Court of Justice of the European Union delivered its judgment in Case C-594/18 (Austria v Commission).. As called for by Advocate General Gerard Hogan in his Opinion delivered on 7 May 2020the Court dismisses the appeal brought by Austria. This case concerns the UK (...)

18 Sep 2020 B

The Austrian Competition Authority gains the right of action in relation to any non-compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in the P2B Regulation

Austrian Competition Authority • September 2020

AFCA granted right of action in relation to P2B Regulation on promoting fairness and transparency for business users of online intermediation services* The EU Regulation on platform-to-business relations (P2B Regulation), which promotes fairness and transparency for business users of online (...)

27 Aug 2020 B

The Austrian Competition Authority approves a brewery merger subject to conditions (Fohrenburg / Brau Union)

Katharina Bongs • August 2020

On 27 August 2020, the Austrian Federal Competition Authority (“FCA”) announced its conditional approval of the acquisition of 63% of the shares and sole control of the brewery company Fohrenburg Beteiligungs-Aktienge- sellschaft (“Fohrenburg”) by Austria’s largest brewery, Brau Union (...)

6 Aug 2020 B

The EU Commission approves €665 million Austrian scheme to support non-profit organisations and their related entities affected by the COVID-19 outbreak

European Commission • August 2020

State aid: Commission approves €665 million Austrian scheme to support non-profit organisations and their related entities affected by the coronavirus outbreak* The European Commission has approved a €665 million Austrian scheme to support non-profit organisations (NPOs) and their related (...)

4 Aug 2020 B

The Austrian Cartel Court clarifies the calculation method for domestic turnover thresholds and imposes a €100,000 fine on a car parts manufacturer for failing to notify its acquisition (Castanea Rubra / Neue Halberg)

Andrzej Kmiecik • August 2020

On 4 August 2020, the Austrian Cartel Court published a decision dated 13 February imposing a € 100,000 fine on Castanea Rubra Assets GmbH (“Castanea Rubra”) for failing to notify its acquisition of 94% of shares in Neue Halberg Guss GmbH (“Neue Halberg”) in 2018. This failure to notify violated the (...)

16 Jul 2020 B

The Austrian Competition Authority publishes position paper on the macroeconomic effects of "shutdown mergers" in the context of the COVID-19 crisis

Austrian Competition Authority • July 2020

AFCA publishes position paper on the Macroeconomic Effects of Mergers in the Context of the COVID-19 Crisis - "Shutdown Mergers"* The position paper aims to facilitate notifications of Shutdown Mergers. The COVID-19 pandemic and the restrictions put in place to deal with it have triggered a (...)

6 Jul 2020 B

The EU Commission approves €150 million Austrian subordinated loan to compensate national airline company for damages suffered due to COVID-19 outbreak (Austrian Airlines)

European Commission • July 2020

State aid: Commission approves €150 million Austrian subordinated loan to compensate Austrian Airlines for damages suffered due to coronavirus outbreak* The European Commission has found an Austrian €150 million subordinated loan (convertible into a grant) in favour of Austrian Airlines AG to be (...)

1 Jul 2020 B

The Austrian Competition Authority files request for examination with Cartel Court in connection with the merger affecting markets for digital imaging, healthcare IT, and others (Fujifilm / FujiFilm Healthcare)

Austrian Competition Authority • July 2020

AFCA files request for examination with Cartel Court in connection with the Fujifilm Corporation/FujiFilm Healthcare Corporation merger* AFCA filed request for examination with Cartel Court on 1 July 2020. On 22 May 2020 the Austrian Federal Competition Authority (AFCA) was notified of the (...)

5 Jun 2020 B

The Austrian Competition Authority publishes a paper on digitalisation and competition law

Martin Favart • June 2020

On 5 June 2020, the Austrian Competition Authority (“FCA”) published a proposition paper on digitalisation and competition law to address the new challenges resulting from rapid technological change in the economy and in society. The way forward, it says, should focus on advancing existing (...)

23 May 2020 B

The EU Commission approves €8 billion Austrian scheme to compensate companies for damage caused by COVID-19 outbreak

European Commission • May 2020

State aid: Commission approves €8 billion Austrian scheme to compensate companies for damage caused by coronavirus outbreak* The European Commission has found a €8 billion Austrian scheme to compensate companies for damages related to the coronavirus outbreak to be in line with EU State aid (...)

7 May 2020 R

Compatibility: Advocate General Hogan calls on the Court of Justice of the European Union to dismiss Austria’s appeal, holding that the European Commission is not obliged to examine the compatibility with environmental rules of state aid granted to build and operate a new nuclear power station (Hinkley Point C)

Alain Ronzano • N° 3-2020

On 7 May 2020, Advocate General Gerard Hogan delivered his Opinion in Case C-594/18 (Austria v Commission).. This case concerns the UK project to subsidise the construction and operation of a new nuclear power station using EPR technology at Hinkley Point in Somerset, which has been entrusted (...)

17 Apr 2020 B

The EU Commission approves an Austrian State aid scheme to support small and medium-sized enterprises during the COVID-19 outbreak

European Commission • April 2020

State aid: Commission approves Austrian guarantee schemes to support SMEs affected by the coronavirus outbreak* The European Commission has approved Austrian guarantee schemes to support Austrian small and medium-sized enterprises (SMEs) in the context of the coronavirus outbreak. The schemes (...)

9 Apr 2020 B

The EU Commission approves a €15 billion Austrian liquidity State aid scheme in the form of direct grants, state guarantees for loans and subsidised public loans to support the economy in the context of the COVID-19 crisis

European Commission • April 2020

State aid: Commission approves €15 billion Austrian liquidity scheme to support the economy in the coronavirus outbreak* The European Commission has approved a €15 billion Austrian liquidity scheme to support the economy in the context of the coronavirus outbreak. The scheme was approved under (...)

9 Apr 2020 B

The Austrian Competition Authority requires electronic notification of mergers and announces delays in merger control due to COVID-19 restrictions

Austrian Competition Authority • April 2020

Coronavirus (COVID-19) update 9.4.2020: current operations in the AFCA and regulations relating to merger notifications and examinations* Current regulations relating to merger notifications and examinations Due to the current traffic restrictions and statutory special rules relating to (...)

2 Apr 2020 B

The Austrian Supreme Cartel Court requests preliminary ruling from the EU Court of Justice concerning territorial agreements in connection with the sale of industrial sugar (Zuckercartell)

Austrian Competition Authority • April 2020

Supreme Cartel Court submits questions to European Court of Justice in the appeals procedure concerning territorial agreements in connection with the sale of industrial sugar* In the cartel case on territorial agreements in connection with the sale of industrial sugar, Vienna Higher Regional (...)

27 Mar 2020 B

The Austrian Competition Authority announces that retrospective notification of an acquisition of shares of a car parts manufacturer is a violation of the notification requirements and subject to fines (Castanea Rubra)

Porter Elliott • March 2020

On 27 March 2020, the Austrian Federal Competition Authority (“FCA”) announced that, pursuant to its request, the Cartel Court had imposed a fine of € 100,000 on Castanea Rubra Assets GmbH. Castanea Rubra Assets GmbH had acquired 94% of the shares of German-based car parts manufacturer Neue (...)

16 Mar 2020 B

The Austrian Competition Authority temporarily suspends most business operations and announces an electronic system for submitting merger notifications as special measures due to COVID-19

Austrian Competition Authority • March 2020

Corona (Covid-19) Update Further measures by the Austrian Federal Competition Authority 16. March 2020* The AFCA is doing its utmost in the current situation to maintain at least limited business operations, taking into account the current circumstances in terms of organisation, human (...)

12 Mar 2020 B

The Austrian Supreme Court confirms lower court’s decision finding that the national public broadcasting company did not abuse its dominant position by increasing its fee for decryption service (ORF)

Franz Stenitzer • March 2020

1. Introduction On 12 March 2020 the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Kartellobergericht; hereinafter: “Supreme Court”) confirmed a decision by the Higher Regional Court of Vienna in competition matters (Oberlandesgericht Wien als Kartellgericht; (...)

1 Feb 2020 R

Antitrust, anti-competition: Lessons from economics

Darren Brady Nelson • N° 1-2020

Textbook economics provides the foundation for the legislative creation of, judicial interpretation about, and public support for, antitrust. The inbuilt bias against markets is already apparent by the wording that suggests markets have “forces” and “power”; monopolies are “natural”; and that (...)

19 Dec 2019 B

The Austrian Supreme Court finds that the concept of single economic entity may also apply to jointly controlled undertakings (Exercise of voting rights by minority shareholder)

Bernhard Kofler-Senoner, Irene Welser, Thomas Zivny • December 2019

Company Law versus Competition Law – Minority shareholder successfully defends against the adoption of a resolution (6 Ob 105/19p)* For the first time following a longer break, the Supreme Court examined in depth the interplay between company law and antitrust law in case 6 Ob 105/19p – CERHA (...)

12 Dec 2019 R

Private enforcement: The Court of Justice of the European Union states that any damage having a causal link with an infringement of Article 101 TFEU must be capable of giving rise to compensation (Otis)

Alain Ronzano • N° 1-2020

The Court of Justice of the European Union ruled that any damage having a causal link with an infringement of Article 101 TFEU must be capable of giving rise to compensation, including where persons do not operate as a supplier or as a buyer on the market concerned, but have granted subsidies, (...)

14 Nov 2019 R

Notification: The Court of Justice of the European Union states that national legislation modifying an aid scheme by reducing the number of beneficiaries is, in principle, subject to the notification requirement (Dilly’s Wellnesshotel)

Alain Ronzano • N° 1-2020

On 14 November 2019, the Court of Justice of the European Union delivered a judgment in Case C-585/17 (Dilly’s Wellnesshotel).following a reference for a preliminary ruling by the Austrian Administrative Court on the interpretation of Article 108(3) TFEU, but also of the General Block Exemption (...)

14 Nov 2019 B

The EU Court of Justice reinforces its strict approach and holds that alterations to an approved aid scheme are to be cleared by the Commission (Dilly’s Wellnesshotel)

David Gabathuler, Leigh Hancher, Santos Miguel Leyva Rubio, Daniel Vasbeck • November 2019

The EU’s State aid procedures are complex and often slow and not always easy to navigate. Many companies may be content to leave the process of obtaining a green light from the European Commission (the “Commission”) to government authorities. Or they may take comfort from the fact that a large (...)

25 Oct 2019 B

The Austrian Cartel Court fines a company for gun-jumping in the investment market (Eurazeo)

Austrian Competition Authority • October 2019

Eurazeo SE fined for illegal merger* The Cartel Court, at the Austrian Federal Competition Authority’s request, has imposed a fine of € 30,000 on Eurazeo SE. The respondent had indirectly acquired a 58.8% stake in 2R Holding SAS and thus been in a position of sole control between 17 July 2018 (...)

25 Oct 2019 B

The Austrian Competition Authority fines two companies for gun-jumping in the motorcycle and sports car manufacturing market (KTM / Kiska )

Austrian Competition Authority • October 2019

KTM AG and Kiska GmbH fined for illegal merger* The Cartel Court, at the Austrian Federal Competition Authority’s request, has imposed a fine of € 60,000 on KTM AG and Kiska GmbH. The first respondent had held a 26% stake in the second respondent during the period from 7 October 2015 to 29 (...)

6 Sep 2019 B

The French Competition Authority and the Austrian Competition Authority carry out unannounced inspections in the automatic swimming pool cleaning equipment distribution sector

French Competition Authority • September 2019

Dawn raids* The General Rapporteur of the Austrian competition authority and the General Rapporteur of the Autorité de la concurrence indicate that unannounced inspections have been carried out in the automatic swimming pool cleaning equipment distribution sector. Following judicial (...)

29 Jul 2019 R

Private enforcement: Advocate General Juliane Kokott considers that the right to compensation for damage caused by a cartel should be extended to State lenders who grant subsidised loans to purchasers of cartel members (Otis)

Alain Ronzano • N° 4-2019

On 29 July 2019 Advocate General Juliane Kokott delivered her Opinion in Case C-435/18 (Otis Gesellschaft m.b.H. and Others v Land Oberösterreich and Others).which follows a reference for a preliminary ruling from the Austrian Supreme Court. As a result of the cartel in the elevator sector, the (...)

17 Jul 2019 B

The Austrian Competition Authority and the German Competition Authority close their respective abuse of dominance investigations after the company committed to changing contract terms (Amazon)

Tim Kasten • July 2019

On 17 July 2019, the Austrian Federal Competition Authority and the German Federal Cartel Office closed their respective abuse of dominance investigations against Amazon, after Amazon committed to changing contract terms. Throughout the years 2017 and 2018, both competition authorities had (...)

14 Jun 2019 B

The Austrian Cartel Court fines a company for gun-jumping in the building materials industry (WIG Wietersdorfer)

Austrian Competition Authority • June 2019

Fine imposed for illegal merger in the building materials industry* On 14 June 2019 the Cartel Court, at the Federal Cartel Prosecutor’s request, imposed a fine of € 70,000 on WIG Wietersdorfer Holding GmbH. WIG Wietersdorfer Holding GmbH had acquired a 50% stake in the target company Calcit, (...)

13 Jun 2019 B

The Austrian Competition Authority conditionally clears a merger in the hardware and software sector (Carl Zeiss/GOM)

Porter Elliott • June 2019

On 13 June 2019, the Austrian Federal Competition Authority cleared the acquisition of GOM, a supplier of hardware and software for automated 3D-coordinate metrology, by Carl Zeiss, a technology company in the optical and optoelectronic industry. The clearance is subject to commitments. Among (...)

14 Feb 2019 B

The Austrian Competition Authority initiates investigation proceedings concerning discrimination against retailers on the internet (Amazon)

Austrian Competition Authority • February 2019

After a first analysis, discussions with the European Commission (DG Competition) and the German Bundeskartellamt, the BWB has decided to initiate investigation proceedings concerning suspected infringements of Austrian and European Competition Law. The BWB will examine, whether Amazon abused (...)

17 Jul 2018 B

The Austrian Supreme Court confirms that charging different prices for tickets booked via a global distribution system depending on the location of the customer/travel is abusive (Lufthansa)

Franz Stenitzer • July 2018

Introduction On 17 July 2018 the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Kartellobergericht; hereinafter: “Supreme Court”) confirmed a cease and desist order prohibiting Lufthansa from abusing its dominant position by charging different ticket prices based on the (...)

12 Jul 2018 R

State aid compatible with the internal market: The General Court of the European Union recognizes to each Member State the right to determine its energy mix and include nuclear energy concerning the case of the nuclear plant of Hinkley Point C (Autriche / Commission)

Alain Ronzano • N° 3-2018

On 12 July 2018, the General Court of the European Union delivered a judgment in State aid case T-356/15 (Austria v Commission)..   The case concerns the UK project to subsidise the construction and operation of a new nuclear power plant using EPR technology at Hinkley Point in Somerset, which (...)

12 Jul 2018 R

Public interest objective: The General Court of the European Union upholds a European Commission’s decision authorizing an aid for the promotion of nuclear energy and clarifies how the objectives of the Euratom treaty match together with Treaty on the Functioning of the European Union objectives (Austria / Commission)

Bruno Stromsky • N° 4-2018 • pp. 159-162

This very voluminous judgment of the Court of First Instance (736 points) confirms the validity of the Commission’s final decision of 8 October 2014, which declared compatible with the internal market three aid measures notified by the United Kingdom in favour of NNBG, a subsidiary of EDF, in (...)

12 Jul 2018 B

The EU Commission unconditionally clears a merger in the aviation sector (Ryanair / LaudaMotion)

Michele Giannino • July 2018

By a decision issued in Ryanair/LaudaMotion, whose public version has been recently published, the EU Commission has approved the Ryanair acquisition of the Austrian carrier LaudaMotion. Considering the expected economic effects of the planned merger through the lenses of the O&D approach (...)

12 Jul 2018 B

The EU General Court confirms the authorization of a State aid for a new nuclear power plant in UK (Hinkley Point C)

Phedon Nicolaides • July 2018

Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

9 Jul 2018 R

Telecommunications: The European Commission authorizes a mobile service telecommunications provider to take over a fix telecommunications service provider in Austria, considering that there activities differ both and as a result are not closely competing (T-Mobile Austria / UPC Austria)

Jean-François Bellis, Valerie Lefever • N° 1-2019 • pp. 120-121

On 9 July 2018, following a preliminary examination ("Phase I"), the European Commission approved the acquisition of UPC Austria by T-Mobile Austria. Both companies provide telecommunications services in Austria. UPC offers mainly fixed services (with, however, limited activities as a mobile (...)

14 May 2018 B

The German and Austrian Competition Authorities submit for public consultation a joint draft guidance paper on the application of the new transaction value threshold in merger control

German Competition Authority • May 2018

Joint guidance on new transaction value threshold in German and Austrian merger control submitted for public consultation* he Bundeskartellamt and the Austrian Federal Competition Authority have today submitted for public consultation a joint draft guidance paper on the application of the new (...)

14 May 2018 B

The Austrian and German Competition Authorities publish joint draft guidance on new filing thresholds

Porter Elliott • May 2018

On 14 May 2018, the German Federal Cartel Office (“FCO”) and the Austrian Federal Competition Authority (“FCA”) published for public consultation joint draft guidance on the newly introduced transaction value merger filing thresholds in Austria and Germany. By way of background, in May 2017, new (...)

1 May 2018 R

State Aid and the Energy Sector, Leigh HANCHER, Adrien DE HAUTECLOCQUE et Francesco Maria SALERNO (dir.)

Stéphane Rodrigues • N° 2-2018 • p. 243

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

1 May 2018 R

NRAs decisions: Zero rating and net neutrality challenges

Carlo Edoardo Cazzato, Stefano De Luca • N° 2-2018

The purpose of this paper is to identify policy and regulatory implications of a recent commercial practice called zero rating. Zero rating describes a situation whereby internet service providers do not calculate the data volume consumed for accessing particular online content, applications or (...)

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