Cartels 2025

AUSTRIA Law and Practice Contributed by: Astrid Ablasser-Neuhuber and Sebastian Reiter, bpv Huegel

is also integrated into the network of European national competition authorities. In particular, the FCA exchanges information and documents with the European Commission and competition authorities of other EU member states, pursuant to Section 10 (1) of the Com - petition Act. However, the FCA may not base applications to the Cartel Court (to impose fines) on information about leniency applications that it has received from other competition authorities. Such an application must be based on informa - tion obtained from other sources pursuant to Section 11b(5) of the Competition Act. The FCA has also signed memoranda of understanding with various national competition authorities, which allow for varying degrees of co-operation in any investigation. Contacts and co-operation are believed to be especially close with the German Federal Cartel Office. 1.8 Enforcement Priorities The FCA closely monitors the economic envi - ronment with a recent focus on the energy sec - tor. Bid rigging and price fixing are prosecuted equally as a matter of enforcement policy. The FCA continues to pursue the so-called “con- struction cartel” , Austria’s biggest case, which is primarily a bid rigging infringement. While leniency applications remain relatively low in number, they consistently generate enforce - ment. Moreover, the FCA’s whistle-blowing plat - form leads to approximately 10–15 cases that are probed for potential cartel infringements per year. Furthermore, the FCA is looking into combating unfair trading practices in the agricultural and

food supply chain, along with online food deliv - ery platforms. Dr Natalie, Harsdorf-Borsch has been appointed permanent director of the FCA and continues to drive the agency’s work. 1.9 Guides Published by Governmental Authorities The following written guides relate to cartel con - duct and enforcement: • Handbook on Leniency Programme; • Standpoint on Resale Price Maintenance; • Guidance on Dawn Raids; • Cartels and Abuse Control; • Whistleblowing-System of the Austrian Fed - eral Competition Authority; • Position Paper on Settlements; • Guidance for Fair Conduct in Business; • Proposition Paper Digitalisation and Competi - tion Law ; • Guidelines on the Application of Section 2, paragraph 1 of the Cartel Act to Sustainability Cooperations (Sustainability Guidelines); • “Competition Law and Compliance” (only available in German); and • Preventing and uncovering Bid Rigging – a Checklist (only available in German).

2. Early Stages of Cartel Enforcement 2.1 Initial Investigation

The FCA typically takes the first steps in opening an investigation. If the FCA believes that com - petition law has been infringed on the basis of factual evidence that it gathers during its inves - tigation, the FCA or the FCP (or both) may file a motion with the Cartel Court for the parties to cease and desist their conduct or to impose

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