Home / Europe / Austria / Antitrust, Competition and Trade

Antitrust, Competition and Trade

WE COVER EVERY AREA OF ANTITRUST, COMPETITION AND TRADE LAW – INTERNATIONALLY AND IN AUSTRIA

The CMS Antitrust, Competition and Trade (ACT) group in Austria is part of the fully integrated global CMS group, one of the largest specialist competition and trade teams in the world. More than 225 CMS experts advise clients in over 40 countries worldwide on all ACT matters. The Austrian team is based in Vienna.

Global network and expertise

Due to our size and wide footprint, we are able to deal with all ACT matters irrespective of their geographical dimension. Where necessary we cooperate with long established contacts from our wider network of law firms everywhere in the world.

Comprehensive expertise in ACT matters

We are specialists across the full range of Antitrust, Competition and Trade matters. In the last three years alone, our group has advised clients in more than 750 competition and trade related proceedings. We have expert sub-groups specialising in specific areas within the wider competition and trade field, e.g. for State aid and FDI/Foreign investment screening

We are also renowned experts in various sectors of the economy, including automotive, consumer products/FMCG, construction, digital economy, energy & climate change, life sciences, telecommunications/media and transport. 

Diverse client portfolio

Our clients range from many large multinationals who frequently use our team as their ACT law firm of choice for the entire region (e.g., in Europe or CEE), to governments at all levels and also a high number of medium-sized companies. We also advise Austrian brand owners and leading market players, as well as supranational organizations, federal and local governmental entities (including in competition law training programmes for jurisdictions with nascent competition laws). 

Advocacy and representation

We represent our clients before Austrian authorities, including the Federal Competition Authority, the Federal Cartel Prosecutor, and the Austrian Federal Ministry of Labour and Economy (for FDI screening matters), the Austrian courts (in particular the Cartel Court) and in proceedings before the European Commission and the European Court of Justice. Furthermore, we assist our clients on ACT matters worldwide.

Innovative tools and events

We use the most up-to-date technical and AI tools to support our business. We hold a renowned biannual EU competition law conference which has become a feature in the Brussels calendar. We put out regular case law updates on Austrian, EU and international competition and trade developments on our Law Now service. Our monthly EU law webinars are attended by in house counsel from around the world.  

We cover every area of Antitrust, Competition and Trade law:

Choose an area

Competition and Cartel Investigation
Competition and cartel investigations
The risk of investigations and fines for anti-competitive behaviour is on the rise. . We defend our clients in cartel and other regulatory invest
grey silver circle
Merger Control
We have a long and extensive track record of advising clients on merger control requirements and representing them in merger control proceedings befor
Foreign investment screening
We frequently represent our clients in foreign investment screening matters in Austria. Additionally, our broad footprint with CMS offices in Europe,
Vertical agreements
We give clients confidence in their relationships with suppliers, resellers, franchisees, and customers, online and offline. By reviewing their distri
Horizontal agreements
The line between admissible conduct and infringement can be thin. Our specialists’ expertise covers the full range of horizontal cooperation or
abuse of dominance
Abuse of dominance and economic dependence
The competitive conduct of companies with a strong market position is subject to increasing scrutiny and may lead to unwanted regulatory intervention,
Unfair trading
Unfair trading practices (UTP)
We are at the forefront of advising clients in the field of unfair trading practices, which is a relatively new field of law in many countries.. Wheth
Compliance
We provide day-to-day advice in all antitrust and competition law matters to help clients avoid any conflicts with antitrust and competition laws.. Co
grey silver structure
Private enforcement
The CMS team acts for claimants, defendants, and interveners in all competition-related private enforcement matters, including proceedings for the dis
State aid
State aid law is a complex and evolving field, particularly in light of recent global events such as the Covid-19 pandemic, the Ukraine crisis, and th
Foreign subsidies control
The EU has extended state aid control to the support of businesses provided by non-EU governments. We help companies to adapt to the new regulations a
Trade law and sanctions
In an increasingly challenging international business world, we help companies to remain compliant and keep supply chains moving. With export con
EU flags
General EU law, free movement of goods, services and capital
With our highly specialised expertise in general European law, we help companies defend their commercial interests in all matters of general EU law.&n
digital blue
Digital markets
CMS is widely recognised as a leader in providing legal advice to clients from the digital and technology markets.. Legal advice for digital and techn
grey silver fan
Regulatory
Companies in regulated industries are under constant scrutiny over anti-competitive behaviour. With our in-depth sector-specific competition law exper

How can we help your business?

Write us a message and we will get in contact.

Your message was sent.

Thank you for contacting us. We will get back to you soon.

Please check these fields.

By including your personal data on this form you agree to it being used in accordance with our Privacy Notice

sending...

Feed

19/07/2024
The European Commission approves restructuring State aid of €1.3 billion...
In October 2020, the European Commission approved a recapitalisation measure of approximately €833 million, notified by Sweden and Denmark, in favour of SAS. This measure was adopted under the State...
10/07/2024
CMS Belgrade assists Austrian Rail Cargo Group in creation of joint venture...
Published on 10 July 2024CMS Belgrade has provided support to Rail Cargo Group (RCG), a freight subsidiary of ÖBB and one of Europe’s leading rail logistics providers, in negotiating a joint venture with minority shareholder Transfera, Serbia’s second-largest transport and logistics provider. RCG will own 51% and Transfera 49% of the new company, which will be headquartered in Belgrade. The joint venture will initially focus on developing intermodal logistics solutions, aiming to integrate Serbian railways into the European transport network and promote environmentally friendly transport solutions. This partnership follows the successful launch of the first freight train from the new intermodal terminal in Kruševac, Serbia, improving rail transport connections to Western Europe. The scope of CMS Belgrade's advice covered corporate law aspects, including review and amendment of transaction documents, as well as competition law aspects of the transaction in Serbia, Austria and Poland. The CMS Belgrade team was led by Marija Tešić, Partner (Corporate/M&A), and included Srđan Janković, Counsel (Competition), and Mila Drljević, Attorney-at-Law (Corporate/M&A). The transaction was also supported by Dieter Zandler, Partner (Competition) for the EU and Austrian competition law aspects, and the Polish team led by Malgorzata Urbanska, Partner (Competition), who provided merger control assistance in Poland.
02/07/2024
CMS advises NEVEON on joint venture with BRANTNER Green Solutions
Press release - 02. July 2024
02/07/2024
The General Court of the EU annuls the Commission decision on restructuring...
On 8 May 2024, the General Court of the EU annulled the Commission decision of 26 July 2021 approving restructuring aid to German airline Condor following an annulment action lodged by Ryanair. The Commission...
19/06/2024
CMS advises ALPLA Group on acquisition of Heinlein Plastik-Technik GmbH
Press release | 19 June 2026
13/05/2024
CMS RRH Competition team made their mark at the international competition...
Last week (9 and 10 May 2024), our team represented CMS RRH Competition practice at the “Meet to Compete Competition Law and Policy Conference – Tools for New Rules” held in Opatija, Croatia. Dieter Zandler from CMS Austria, Marija Zrno Prošić, Dina Čeliković and Filip Bjelinski from Croatia, Srđan Janković and Maja Živanović (Serbia, Montenegro & North Macedonia), and Robert Kordić and Gašper Hajdu from Slovenia, together spent two wonderful days in interactive discussions with representatives of competition authorities, judges, attorneys, in-house lawyers, and other legal practitioners from all over the Europe. During the first day of the conference, discussions centered on topics including concentrations and FSR, the implications of the "effects-based approach," and recent developments in the Central and Southeast Europe (CEE & SEE) region. The team spent their first conference day pleasantly networking at the coffee break powered by CMS and in the evening at the cocktail and dinner with conference attendees. The second day of the conference was all about workshops covering topics such as exclusionary abuses of dominance, horizontal agreements and disagreements, RPM, etc. Our Marija Zrno Prošić led a focused workshop on the most common vertical restraints, using practical examples from the field and engaging with the audience through survey questions to enhance interaction and understanding. The audience reactions were very positive and discussions continued after the workshop. Overall, we were happy to have our close-nit competition team at this conference, as such events with regional outreach are crucial in fostering collaboration, enhance understanding of regulatory nuances, and promote best practices across different jurisdictions. About the Conference The Conference traditionally offers a platform for discussion about recent antitrust developments, with a particular focus on Central and Eastern Europe (CEE) and South-East Europe (SEE). The Conference is supported by the Croatian Competition Agency, universities and local organizations, with great speakers from the OECD, European Commission, universities, industry and regulators from the entire region and Europe.  
15/03/2024
CMS advises Sfakianakis Group on the acquisition of Ajar Car Rental
Press release - 15 March 2024 CMS Austria has advised the Greek Sfakianakis Group on the acquisition of Ajar Car Rental GmbH from the Saudi Arabian Al Jomaih Group, providing comprehensive legal advice on the project. Ajar Car Rental GmbH is the master franchisee of Enterprise, National, and Alamo in Austria, serving rent-a-car customers across the country. During the acquisition, the CMS Austria team provided significant support and advice on all areas of the transaction, including due diligence, employment, regulatory compliance, intellectual property, banking and finance, data protection and competition. Alexander Rakosi (Partner, Corporate/M&A) led the CMS core transaction team, which further consisted of Christoph Birner (Associate, Corporate/M&A) and Thomas Liegl (Associate, Corporate/M&A). Alexander Rakosi comments: “We are very pleased to have successfully supported the Sfakianakis Group on its market entry into Austria and to have contributed to our client's continued growth in the automotive industry."The CMS due diligence team included Rebecca Herlitz (Associate, Corporate/M&A), Mariella Kapoun (Partner, Real Estate), Hans Lederer (Partner, Intellectual Property), Andreas Lichtenberger (At­tor­ney-at-Law, Data Protection), Caroline Pavitsits (Associate, Employment), Kai Ruckelshausen (Partner, Banking & Finance), Sheldon Sookdeo (Associate, Banking & Finance), Maximilian Uidl (Associate, Real Estate), Marlene Wim­mer-Nistel­ber­ger (Partner, Regulatory), Jens Winter (Partner, Employment) and Dieter Zandler (Partner, Competition), as well as legal trainees Roman Namestek, Ferdinand Sima and Mattias Torggler. PHH Rechtsanwälte, led by Rainer Kaspar and Philip Rosenauer, provided legal support to Al Jomaih. About Sfakianakis Group Founded in 1958, Sfakianakis Group is one of the leading diversified business groups in Greece, with a core focus on the Automotive, Industrial and Consumer Retail sectors. Headquartered in Athens, Greece, the Group is 100% family owned and employs over 1,500 individuals across 14 countries in Europe. Within the Automotive sector, the Group operates one of the largest automotive retail businesses in the region, the distribution businesses of BYD and Suzuki, a leading long-term leasing business (Executive Lease), and a rapidly growing Rent-A-Car business as the Master Franchisee of En­ter­prise-Na­tion­al-Alamo in 14 countries.
12/03/2024
After EU Commission's first decision on Carbon Contracts for Difference,...
The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Fol­low­ing the...
07/03/2024
Practical guidance on how to assess the existence of aid for risk financing...
On 26 January 2024, the Commission adopted practical guidance for Member States on assessing the existence of State aid for measures aimed at facilitating access to financing for certain busi­nesses.Risk...
05/03/2024
European Commission authorises EUR 550 million Italian hydrogen aid scheme
On 30 January 2024, the European Commission authorised an Italian hydrogen aid scheme with a budget of EUR 550 million under the Temporary Crisis and Transition Framework.The Green Deal industrial planThe...
22/01/2024
State aid: The European Commission approves an Italian aid scheme for the...
On 15 January 2024, the European Commission approved a EUR 120 mil­lion Italian aid scheme for all airlines establishing new connections between one of the three airports in Calabria, namely Tito Minniti...
27/11/2023
State aid: Temporary Crisis and Transition Framework extended
The European Commission has adjusted the timetable for phasing out the provisions of the State aid Temporary Crisis and Transition Framework after sending Member States this proposal for partial adjustment...