AUSTRIA Law and Practice Contributed by: Gerhard Fussenegger and Florian Neumayr, bpv Huegel
8.3 Ability of Third Parties to Appeal Clearance Decisions Only the parties to the transaction as well as the FCA and the FCP have the right to appeal the Cartel Court’s decisions.
target is active in a highly sensitive sector (as conclusive listed in the ICA, eg, defence equip - ment and technologies, critical energy infra - structure, water) a “10% or more” acquisition of shares is notifiable. If the target is active in other sensible sectors (as non-conclusively listed in the ICA, eg, energy, information technology, traffic and transport, health, food), any ”25% or more” acquisition is notifiable. Responsible authority for FDI-screening is the Austrian Federal Minister of Economy, Energy and Tourism. The FCA forwards each merger control notification to the ministry to enable the latter to check whether the FDI-screening applies.
9. Foreign Direct Investment/ Subsidies Review
9.1 Legislation and Filing Requirements For application of the Austrian FDI-screening proceedings, the acquirer in a transaction must be based outside the EU, EEA or Switzerland. Furthermore, the target must be (inter alia) an Austrian undertaking (or assets thereof). If the
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