Legal Publications

World-class public procurement specialists The quality of public services is increasingly determined by world-class skills in public procurement. The procurement regime applies not only to the public...

The Austrian competition team has provided a comprehensive review of the most recent developments in the field of abuse of dominance in Austria as part of the 10th edition of the Dominance and Monopolies Review. In this chapter Bernt Elsner, Partner and Head of Austria and CEE Competition PAG,  Dieter Zandler, Co-Head of the Austrian competition practice group, and Vanessa Horaceck, Associate in the Austrian competition practice group cover the distinct characteristics of Austrian antitrust law and provide an overview of the most prominent cases in the past years. Readers can familiarise themselves with the recent practice of the Austrian FCA and courts in the field of abuse of a dominant market position, as for example in the OGH’s ruling against Peugeot Austria GmbH or the case against Merck Sharp & Dohme GmbH, who allegedly abused a dominant position through their predatory pricing of a drug used to treat brain tumours. Also worth reading is an overview of the most important final decisions in abuse proceedings before the Austrian cartel courts in recent years, most of which were initiated by private plaintiffs. The entire article is available here. Our CMS experts will be happy to answer any questions on this topic.

Welcome to CMS ‘On the Pulse’ video/podcast series for all Life Sciences & Healthcare professionals – legal, compliance, regulatory

An Austrian competition team of experts Dieter Zandler, Co-Head of the Austrian competition practice group, and Vanessa Horaceck, Associate in the Austrian competition practice group, together with Bernt Elsner, Partner and Head of Austria and CEE Competition PAG, have provided a comprehensive review of the most recent developments in the field of abuse of dominance in Austria as part of the 9th edition of the Dominance & Monopolies Review.  In their chapter for Austria, they reflect not only on applicable Austrian legislation, but also outline the most prominent cases in the past years, thereby providing guidance in the recent practice of the Austrian FCA and courts in the field of abuse of a dominant market position. You may also find an interesting overview of the most important fine decisions in the abuse of dominance cases before the Austrian cartel courts in recent years.  The entire article is available on the link below. If you have any questions for our experts, their contact is provided at the bottom of the page.

The Austrian legal regime regulating market dominance is set out in Part II (Sections 4 to 6) of the Austrian Cartel Act (KartG), stipulating the prohibition on abusing a (single or collective) dominant...

Read part 1 here [in Ger­man]!Sus­tain­ab­il­ity can be achieved in public procurement in many different ways. The first part of this article outlined some of the ways public purchasers can procure sustainably...

The issue of sustainability has become the focus of public debate in recent months. Regional & local as well as social & ecological are bywords for this term. Ensuring sustainability can usually be understood...

Privatizations and PPP projects are essential parts of state aid law, each of which is also closely related to the principles and standards of public procurement law. For each type of project, it is necessary...

Awarding contracts for providing services in the general economic interest involves both public procurement law and state aid law. For this reason, it is necessary to examine which types of procedure...

The seventh edition of The Dominance and Monopolies Review provides a wel­come over­view for busy practitioners and businesses who need an accessible and eas­ily un­der­stand­able summary of global abuse...

Procurement law creates fair competition by forcing companies in the public sector to ensure that public works, public supply and public service contracts are procured competitively. The commercial importance...

CMS Vienna and CMS Sofia provided the chapters on Austria and Bulgaria in this year’s edition of the international guide Getting the Deal Through – Public Private Partnerships. The chapters were authored...