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Preslmayr Attorneys at Law |

Dieter Hauck

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Preslmayr Attorneys at Law | Austria, European Union | 3 Sep 2020

COVID-19 crisis: shutdown mergers expected

In the wake of the global economic crises triggered by the ongoing COVID-19 crisis, the Austrian Federal Competition Authority (AFCA) expects an increased number of company takeovers in the coming months; however, the number of mergers in 2020 to date has been lower than in previous years. The AFCA holds that it would not be appropriate to relax merger control for such 'shutdown mergers', as......
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Preslmayr Attorneys at Law | Austria, European Union | 27 Feb 2020

Family business and group privilege

The cartel prohibition applies to activities between independent undertakings; however, it does not apply to activities between a controlling and a controlled undertaking, as such a subsidiary would not enjoy economic independence. This concept is referred to as 'single economic entity', which such a 'family' of undertakings may enjoy. In a recent case, the Supreme Court reviewed the question......
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Preslmayr Attorneys at Law | Austria, Germany | 15 Aug 2019

Amazon slightly changes course

Amazon has offered to change its terms and conditions following a series of Federal Competition Authority (FCA) investigations regarding business practices on the 'Amazon.de' marketplace. The FCA conducted an extensive market survey in which approximately 400 of the top-selling Austrian marketplace traders on 'Amazon.de' were interviewed in writing and via telephone. The survey results showed......
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Preslmayr Attorneys at Law | Austria, European Union | 24 Jan 2019

Fig leaf for 'naked' cartel

A recent Cartel Court decision demonstrates how a long-term relationship between Semperit and a group of Thai companies turned into an equally lengthy disagreement, which came to a decisive turning point in the courts. The final blow landed with a decision by the Federal Cartel Authority, which imposed a fine of €1.6 million on Semperit for violating the Austrian Cartel Act and Article 101 of......
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Preslmayr Attorneys at Law | Austria | 30 Aug 2018

David versus Goliath: FCA submits draft guidelines on good conduct of entrepreneurs

The Federal Cartel Authority (FCA) recently published for consultation draft guidelines on the good conduct of entrepreneurs. Generally, neither the practices nor the laws as described by the FCA are new. The major issue is fear: smaller and less aggressive enterprises are afraid to lose business if they stand up to their dominant contractual partners in cases where the loss of a contract......
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Preslmayr Attorneys at Law | Austria | 24 May 2018

The devil is in the details: transaction value draft guidelines

In 2017 an additional merger threshold was implemented to catch cases that fall below existing turnover thresholds but where the consideration for the transaction exceeds a specified amount and the target is active in the relevant country to a significant extent. While the first cases and legal discussions have shown that there is considerable uncertainty regarding the application of this......
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Preslmayr Attorneys at Law | Austria | 1 Feb 2018

A blessing in disguise?

To date, the law contains no definition of 'implementation' in relation to mergers. There has been much debate in doctrine regarding whether implementation should be defined broadly as the mere possibility of influencing the target's behaviour, or more narrowly as the actual exercise of such influence. The Cartel Court's case law has followed the narrower definition. However, a recent Supreme......
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Preslmayr Attorneys at Law | Austria | 30 Nov 2017

Ringing twice – not always the postman

Following some busy years conducting dawn raids in various industries, the Federal Cartel Authority (FCA) recently published guidelines regarding such searches. Although the guidelines contain no big surprises, as they largely reflect the law and the FCA's earlier practice, there are some interesting points – particularly as some of the Austrian legal regime deviates from European law and......
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Preslmayr Attorneys at Law | Austria | 13 Jul 2017

Fixing the WhatsApp gap?

At present, the Austrian merger control regime is based on a system of turnover thresholds. Following German legislation and anticipating possible new legislation by the European Union, the new Cartel Act introduces a consideration threshold for which, at least in Europe, there is no practical experience. Due to vague criteria in the law, it is expected that more transactions than envisioned......
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Preslmayr Attorneys at Law | Austria, European Union | 6 Apr 2017

Deadline (narrowly) missed!

Although implementation of the EU Cartel Damages Directive in Austria was somewhat delayed, the Council of Ministers recently approved the bill to amend the Cartel Act and the Competition Act. The law will significantly amend Austrian cartel law, primarily facilitating private enforcement of cartel damages for consumers and enterprises alike. While Austrian law has included some of these......
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