Recent developments in private enforcement in Austria and Germany

I. Implementation of the Directive on private enforcement 2014/104/EU 1. Both Austria and Germany provide for specialised legislation on private enforcement. In Austria, the applicable rules are to be found within the framework of the Cartel Act (“Kartellgesetz”), [1] whereas, in Germany, the rules are to be found within the Act against Restraints of Competition (“Gesetz gegen Wettbewerbsbeschränkungen”—hereinafter “ARC”). [2] Prior to the Directive on private enforcement 2014/104/EU, [3] both statutes included some rather rudimentary rules for private enforcement. However, at times recourse was had to the general rules of the civil codes ; that is, to the ABGB and the BGB, respectively. [4] This changed with the implementation of the Directive on private enforcement 2014/104/EU, which