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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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Robert Keisler
01/01/2018
Fair Play
Bro­chure Com­pet­i­tion Law
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.
15/01/2016
CMS re­com­men­ded in “Glob­al Com­pet­i­tion Re­view 2016”
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.
Bernt Elsner
18/07/2014
CMS Guide to Mer­ger Con­trol in Europe 2014
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.
16/07/2014
CMS Guide to Mer­ger Con­trol in Europe 2014: for the...
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.
09/07/2014
CMS Guide to Mer­ger Con­trol in Europe 2014
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.
22/06/2009
New Edi­tion of CMS Guide to Mer­ger Con­trol in Europe
15/10/2018
European Com­mis­sion charges Slov­ak rail com­pany with dawn raid ob­struc­tion
On 25 Septem­ber 2018, the European Com­mis­sion sent a State­ment of Ob­jec­tions to ZSSK, a Slov­ak rail com­pany, al­leging that it had ob­struc­ted a dawn raid by giv­ing in­cor­rect in­form­a­tion and de­let­ing data from a laptop.