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Competing fairly - Austria

Updated 11/2010

Legal requirements

The Competition Act regulates competition in Austria.

  • Competition Act Deutsch

The Act on the Improvement of Local Supply and Market Conditions (Local Supply Act) is intended to safeguard competitive conditions and local supply for Austrian citizens.

  • Local Supply Act Deutsch

In addition to prohibiting cartels, the Cartel Act also stipulates that market-leading companies must not abuse their position. It also includes restrictions on corporate mergers that involve companies whose annual turnover exceeds certain threshold values. The Cartel Act also details penalties for violations as well as the procedure for cases to be decided by the Cartel Court and the Supreme Cartel Court.

  • Cartel Act 2005 Deutsch

The Act against Unfair Competition also contains detailed competition regulations (e.g. for misleading business practices).

  • Act against Unfair Competition Deutsch

National competition authorities

The Austrian Federal Competition Authority is a consultative body charged with investigating and dealing with suspected or impending anti-competitive practices and violations of fair competition. It is also in charge of implementing the European competition regulations in Austria and handles notifications of company mergers as well as complaints regarding breaches of the law on competition.

Strict provisions govern company mergers

Administrative procedures

Lawsuits

Parties affected by violations of the law on competition can direct complaints to the Austrian Federal Competition Authority.

  • Complaint form Deutsch     Online government service

The Cartel Court can be requested to take action where violations of the law on competition have occurred. Cartel Court cases (to end/investigate an infringement or to impose fines/penalty payments) are adjudicated in non-contentious proceedings. For further information click the following link:

  • Cartel Act: detailed information about the procedure Deutsch

Competing companies that are affected by violations of the law on competition can petition for a restraining injunction.

Alternatively, lawsuits can be filed via the relevant representative body (e.g. a professional group of the Austrian Federal Economic Chamber, a federation of trade unions or the Chamber of Labour).

If a violation of the law on competition has also affected a company’s interests in another EU Member State, a lawsuit can be filed with the authorities responsible for protecting consumer interests in the respective country.

Resources

Useful information for people living and working in Austria is available from HELP, the Austrian government help service, or the Business Service Portal USP.

Programmes

A leniency programme is in operation under the Austrian law on competition, as is the case in other EU states.

Companies that voluntarily provide unrestricted access to information on a cartel may have the penalties they otherwise would have received fully or partially waived. The leniency handbook contains further information:

  • Leniency handbook Deutsch

Check also the legislation on this topic in:

  • References

    Legal texts

    • Federal Act for the Prevention of Cartels and Other Barriers to Competition (Kartellgesetz 2005 — KartG 2005) Deutsch
    • Federal Act for the Establishment of the Austrian Federal Competition Authority (Wettbewerbsgesetz — WettbG) Deutsch
    • Federal Act against Unfair Competition 1984 (Bundesgesetz gegen den unlauteren Wettbewerb 1984 — UWG) Deutsch
    • Federal Act for the Improvement of Local supply and Competitive Conditions (Nahversorgungsgesetz) Deutsch

Living and moving in Europe

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Enterprise Europe Network - Contact points

The Enterprise Europe Network provides businesses with information and advice through its local contact points. 

Choose your nearest contact point for personalized help and advice:

Further help

Professional groups affiliated to the Austrian Federal Economic Chamber are the first points of contact for companies requiring information about the law on competition.

  • Economic chambers of the provinces Deutsch

The task of the Public Prosecutor in Cartel Matters is to represent the interests of the public in cases concerning the law on competition in the Cartel Court. In addition to cases relevant to Cartel law, this also includes cases of abuse of market-leading positions or the corporate merger procedure.

  • Public Prosecutor in Cartel Matters Deutsch

The Austrian Association against Unfair Competition is dedicated to achieving fair competition and equal opportunities for all enterprises.

  • Austrian Association against Unfair Competition Deutsch