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Competition & EU

Austria

Competition and regulatory authorities now possess far-reaching powers to investigate companies and commercial arrangements, prohibit M&A deals, force divestment of merged businesses, review markets and impose penalties. There is the additional risk of private enforcement such as substantial (follow-on) antitrust damages claims. Being compliant and implementing effective risk mitigation strategies is key.

We focus not only on problem solving but also on how you can avoid problems in the first place. Our large team of competition lawyers has extensive experience in helping navigate these difficult paths so that you can focus on your business. We have in-depth knowledge of competition rules across different countries and markets.

The CMS Competition Group is one of the largest competition teams in Europe and at the same time one of the most widespread. We offer a one-stop-shop solution to clients for all their competition law needs across Europe and beyond. The lawyers spread across the CMS offices are supported by the CMS EU Law Office in Brussels. The CMS Competition Group has hands-on experience in dealing with the European Commission and all national competition authorities as well as European and national courts.

We act for clients in all areas of competition law: cartels, distribution agreements and other agreements comprising horizontal and vertical restraints, abuse of dominance, merger control, private enforcement, state aid, investigations and compliance. Our sector approach helps us understand your business environment and get to grips with your issues.

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Dr Stephan Werlen, LL.M.
27/03/2019
CMS ad­vises share­hold­ers on the sale of Or­bi­um to Ac­cen­ture
13/05/2019
The Ver­dict Risk & In­vest­ig­a­tions
We are pleased to send our new is­sue of The Ver­dict, an at-a-glance round-up of re­cent leg­al de­vel­op­ments in re­la­tion to cor­por­ate crime. In this is­sue, the spot­light is on some sig­ni­fic­ant changes to anti-cor­rup­tion laws in Chile, in­clud­ing the ex­ten­sion.
16/04/2019
The new EU frame­work for screen­ing for­eign in­vest­ment is now in force
On 10 April 2019, the EU frame­work for screen­ing for­eign dir­ect in­vest­ment (FDI) came in­to force, al­low­ing the European Com­mis­sion and Mem­ber States un­til 11 Oc­to­ber 2020 to put in place mech­an­isms and re­sources to com­ply.
10/04/2019
A mixed bill of health for EU loan syn­dic­a­tion
The much an­ti­cip­ated EU re­port on loan syn­dic­a­tion was pub­lished on 5 April 2019. It was po­si­tioned as a fact-find­ing ex­er­cise, com­mis­sioned by the European Com­mis­sion in 2017 and car­ried out by a third party con­sultancy, to study the func­tion­ing of the syn­dic­ated.
05/04/2019
European Com­mis­sion pub­lishes re­port on com­pet­i­tion policy for the...
In­vest­ig­a­tions of ma­jor tech com­pan­ies have fuelled the de­bate re­gard­ing the fit­ness of com­pet­i­tion rules to ad­dress ques­tions about the di­git­al eco­nomy. On 4 April 2019, a spe­cial re­port on com­pet­i­tion policy, com­mis­sioned by EU an­ti­trust chief Mar­grethe Vestager,.
22/03/2019
European Com­mis­sion launches on­line "eL­e­ni­ency" tool
On 19 March 2019, the European Com­mis­sion an­nounced the launch of its new on­line tool to sub­mit state­ments and doc­u­ments in le­ni­ency and set­tle­ment pro­ceed­ings in car­tel and non-car­tel co­oper­a­tion cases.
15/03/2019
EU law trumps na­tion­al law when de­term­in­ing the en­tity li­able for...
On 14 March 2019, the Court of Justice of the European Uni­on (CJEU) pub­lished a ground-break­ing pre­lim­in­ary rul­ing in the case Skanska In­dus­tri­al Solu­tions and Oth­ers (Case C‑724/17), find­ing that the de­term­in­a­tion of who is li­able for dam­ages for an in­fringe­ment.
20/02/2019
European Par­lia­ment backs EU wide frame­work for screen­ing for­eign...
On 14 Feb­ru­ary 2019, the European Par­lia­ment voted to en­dorse the first ever EU-wide tool for screen­ing for­eign dir­ect in­vest­ment (FDI) on the grounds of se­cur­ity and pub­lic or­der. The vote brings the EU one step closer to put­ting in place a frame­work al­low­ing.
15/01/2019
European Court of Justice rules in fa­vour of Italy’s Lotto con­ces­sion...
On 19 Decem­ber 2018, the European Court of Justice (ECJ) con­firmed that Italy’s “sole con­ces­sion­aire mod­el” for man­aging the con­ces­sion for its com­pu­ter­ised na­tion­al lot­tery and re­lated fixed-odds nu­mer­ic­al games (the Lotto) and the con­di­tions for its tender.
15/01/2019
Guess what? Block­ing cross-bor­der sales can be ex­pens­ive – Com­mis­sion...
On 17 Decem­ber 2018, the European Com­mis­sion ("Com­mis­sion") fined US-cloth­ing com­pany GUESS? Inc. and its vari­ous sub­si­di­ar­ies ("Guess") EUR 39,821,000 for an­ti­com­pet­it­ive prac­tices in its se­lect­ive dis­tri­bu­tion sys­tem (Case AT.
21/11/2018
EU in­sti­tu­tions reach polit­ic­al agree­ment on new EU frame­work for...
On 20 Novem­ber 2018, ne­go­ti­at­ors for the European Par­lia­ment, the European Com­mis­sion and the Coun­cil reached a polit­ic­al agree­ment on a pro­posed new EU frame­work for screen­ing for­eign dir­ect in­vest­ment (FDI) which will al­low EU Mem­ber States to call for in­vest­ments.
30/07/2018
EC: Ef­fects of pri­cing al­gorithms in the con­text of re­sale price main­ten­ance
On 24 Ju­ly 2018, the European Com­mis­sion ("Com­mis­sion") im­posed fines on four elec­tron­ics man­u­fac­tur­ers for fix­ing the prices of their on­line re­tail­ers. In as­sess­ing the im­pact of re­sale price main­ten­ance, the Com­mis­sion also fo­cused on the use of pri­cing al­gorithms.