Private antitrust litigation in Austria has substantially increased in recent years. To a large extent, this 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.
On the basis of these 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).
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