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Potential outcomes

What are the potential outcomes of the merger investigation? Please include reference to potential remedies, conditions and undertakings.

If the notified merger raises serious concerns about anti-competitive effects, these concerns may be cleared subject to certain conditions.

Remedies under Austrian law and practice might either be agreed on with the Federal Competition Authority and the federal cartel prosecutor in either Phase I or Phase II, or may be finally imposed by the Cartel Court. Remedies can include behavioural or structural remedies, such as:

  • divestures;
  • prohibitions of further acquisitions in the relevant market for a certain time;
  • commitments to grant access;
  • reuse of existing distribution contracts;
  • refraining from the right to cancel contracts;
  • an obligation to keep up distribution agreement versus insourcing;
  • selling at certain price levels; and
  • others.

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