Cartels 2025

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

7. Trends in Cartel Enforcement 7.1 Information Sharing as a Cartel Offence The FCA/FCP have not published specific enforcement priorities relating to information sharing. Similar principles as under the EU, including the European Commission’s Horizontal Guidelines, apply. 7.2 Use of AI and Algorithms The FCA has submitted a contribution on com - petition in virtual worlds and generative AI in response to an initiative by the Commission . The FCA mentioned barriers to market entry, con - cerns related to market concentration, abuse of market power, discriminatory practices, access to important data and algorithms, impact on interoperability and standards, and entry points into value chains as potential concerns. The authors are not aware of specific enforcement targeted at AI or pricing algorithms. 7.3 Monopolisation as a Cartel Offence As per EU law, Austria applies an “abuse of dom- inance” rather than a monopolisation standard. Abuse of dominance can trigger the same sanc - tions as cartel conduct. 7.4 Focus on Certain Industries/Sectors In recent times, the energy, food, retail and con - struction sectors have been under the most scrutiny. 7.5 Use of Messaging Applications and Chat Platforms Outside of conduct during dawn raids, there is no agency guidance on the use of ephemeral communications.

award. Currently, several large damages cases are ongoing, including ones following Cartel Court decisions in the payment card sector and regarding the trucks cartel. Proceedings in Austria typically take one year in each instance. However, trials may last sig - nificantly longer in cases that make “new law” , such as the still relatively new field of private enforcement. 6.6 Attorneys’ Fees Austria follows the “loser pays” principle, which means that the winning party is entitled to reim - bursement of regulated legal fees at statutory levels, which are based on the amount in dis - pute. When the amount in dispute is high, the legal fees awarded can be significantly higher than customary fee arrangements based on hourly rates. 6.7 Costs/Fees Civil follow-on private damages claims in cartel cases apply the general attorney costs and fees rules of the Code of Civil Procedure. The losing party of the civil proceeding must pay its own costs and the costs of the winning party. If one party is only partially successful, such party’s legal costs will only be reimbursed by the other party in proportion to its success. The amount of the costs is based on statutory lawyers’ rates. 6.8 Judicial Review or Appeal In civil proceedings, there is always the possi - bility to appeal. Under certain circumstances, the case may also be appealed all the way to the Austrian Supreme Court (the highest level of appeal). One specificity of the Austrian civil procedure is that the relevant facts in principle established in the first instance trial court. There - fore, appeals relating to incorrectly established facts are limited.

CHAMBERS.COM