Cartels 2025

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

4. Procedural Framework for Cartel Enforcement 4.1 Obtaining Evidence From Employees See 2.2 Dawn Raids/Search Warrants and 2.5 Obtaining Evidence/Testimony . 4.2 Obtaining Documentary Evidence From Subject/Target Companies See 2.2 Dawn Raids/Search Warrants and 2.5 Obtaining Evidence/Testimony . 4.3 Obtaining Evidence From Entities Outside the Jurisdiction The FCA can seek (voluntary) information direct - ly from companies or individuals located outside Austria, using the same procedures and relying on the same laws for information requests made within Austria. Such requests can be directed at a domestic affiliate of a foreign entity, or they can be directed at the foreign entity through a request lodged with the competition author - ity in its jurisdiction. Should companies fail to provide information on this basis, the FCA can request assistance from competition authorities of other EU member states (Article 22, Regula - tion 1/2003) to enforce their requests. 4.4 Domestic Inter-Agency Co-Operation See 1.7 Principles of Comity . Moreover, the FCA and the FCP frequently co-operate and co-ordi - nate on matters that they both or only one of them pursue. In cases involving a criminal com - ponent (eg, bid rigging or fraud), the FCA and the FCP may co-operate with the Criminal Prosecu - tor. The Constitutional Court recently held in the context of the Construction Cartel that the FCA’s practice to forward even the leniency application and related documents to the Criminal Prosecu - tor are not unconstitutional (Constitutional Court, 28 June 2023, G313/2022).

were provided as well as the added value with respect to already available information (Section 11b(2), Competition Act). In the case of excep - tionally significant added value (eg, due to the high level of detail of the added information or evidence), the FCA may apply a reduction that exceeds the reduction ranges mentioned above. At the earliest possible occasion after receipt of an application for a reduction, the FCA must inform the applicant in a (legally non-binding) written notification if the leniency status will be granted (subject to meeting the further co-oper - ation obligations) and – if possible – the FCA will inform the applicant of the prospective reduction range. Undertakings applying for a fine reduction pur - suant to Section 11b(2) of the Competition Act may obtain a further reduction of up to 20% of the (already reduced) fine by agreeing to a set - tlement of the case with the FCA (a “settlement reduction” ). 3.3 Whistle-Blowers The FCA has run an online whistle-blowing platform since 2018. Whistle-blowers can sub - mit information regarding potential infringe - ments of competition law, including bid rigging, anonymously. There is no specific threshold for submitting information and there is no reward regime for whistle-blowers (hence, no whistle- blower counsel practice has established itself in Austria). Since Austria implemented the Whistleblower Directive 2019/1937/EU, company-internal whistle-blowing systems are required by law for private companies and public sector entities with at least 50 employees.

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