The Private Com­pet­i­tion En­force­ment Re­view - 12th Edi­tion - Aus­tria

07/02/2019

Private antitrust litigation in Austria has substantially increased in recent years. To a large extent, such growth can be attributed to an increase of cartel court decisions imposing fines against cartel members based on intensified enforcement activity of the Austrian Federal Competition Authority (FCA) and the Austrian Federal Cartel Prosecutor (with the decision in the Elevators and Escalators cartel being the show-starter). Based on such decisions finding violations of antitrust law, the Austrian Supreme Court (OGH) in several cases has affirmed the possibility of claims for damages for directly damaged parties as well as for indirectly damaged parties, including cases where damages were allegedly caused by cartel outsiders (umbrella pricing).

Publication
The Private Competition Enforcement Review - 12th Edition - Austria
Download
PDF 203.7 kB

Authors

Picture of Bernt Elsner
Bernt Elsner
Partner
Vienna
Picture of Dieter Zandler
Dieter Zandler
Partner
Vienna
Picture of Marlene Wimmer
Marlene Wimmer-Nistelberger
Associate
Vienna