Austria (January 1, 2006)

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Score = 19

Governed by: The New Act (Kartellgesetz 2005) (herein referred to as "Competition Act").[1][2][3]

Category Subcategory Score Comment
Scope Extraterritoriality 0
Remedies Fines 1 Prohibited undertakings involved may be subject to fines.[4]
Prison Sentences 1 Collusive tendering constitutes a criminal offence under section 168b Criminal Code and is punishable by imprisonment of up to three years.
Divestitures 0
Private Enforcement 3rd Party Initiation 0
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 §9(1) requires merger notification in certain instances.
Pre-merger 2 Secondary source states that mergers must not be implemented before clearance.[5]
Post-merger 0
Merger Assessment Dominance 1 Cartel Court will assess whether the proposed concentration will create or strengthen a dominant position in the relevant market.
Restriction of Competition 0
Public Interest (Pro D) 1 Clearance on special grounds will be granted if it can be established that the concentration is indispensable to the international competitiveness of the undertakings concerned and justifiable on macroeconomic grounds.
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Clearance on special grounds will be granted if it can be established that the concentration will improve competition in the market in such a way that the advantages outweigh the disadvantages of the creation or strengthening of a dominant position.
Dominance Limits Access 1 §5(1) prohibits limiting markets to the detriment of consumers.
Abusive Acts 1 §5(1)(3) A dominant firm may not disadvantage contracting parties by the application of different conditions with equivalent achievements.
Price Setting 1 §5(1)(1) prohibits the direct or indirect enforcement of inadequate purchase or selling prices. Moreover, §5(1)(5) prohibits predatory pricing.
Discriminatory Pricing 1 5(1) prohibits discrimination by way of imposing different contractual conditions to similar transactions.
Resale Price Maintenance 0
Obstacles to Entry 1 §4(1)(2) prohibits a dominant firm from limiting other firms from admission into the market.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 §1(2)(1) prohibits agreements against setting prices directly or indirectly.
Tying 1 §1(2)(5) prohibits conditions attached to the conclusion of contracts that the contracting parties accept additional achievements which are not related to the contractual item.
Market Division 1
Output Restraint 1 §1(2)(2) prohibits agreements restricting or controlling production.
Market Sharing 1 §1(2)(3) prohibit agreements that share markets or sources of supply.
Eliminating Competitors 1 §1(2)(4) prohibits the application of different conditions with equivalent trade partners, whereby these are disadvantaged in competition.
Collusive Tendering/Bid-Rigging 1 Bid-rigging is prohibited.
Supply Refusal 0
Efficiency Defense 1 §2(1) provides an exception for agreements that contribute to the promotion of technical or economic progress.

References

  1. Based on changes from The New Act (Kartellgesetz 2005 - KartG 2005) KARTG 2005
  2. Google Translation
  3. http://www.globalcompetitionreview.com/ear/austria.cfm
  4. http://www.globalcompetitionreview.com/ear/austria.cfm
  5. http://www.iclg.co.uk/khadmin/Publications/pdf/591.pdf