Merger Control In Austria

Austria is member of the European Union since 1995. Its competition law, like that of other Member States has been influenced since by the EU Competition Law. In the field of merger control, rules are presently quite similar to what exists in European law. The relevant provisions can be found in the Restrictive trade practices act (Kartellgesetz) of October 19, 1988, amended several times, last in 2002. The competent authority for implementing this law is the Vienna Court of Appeal, sitting as the “Cartel Court” (Kartellgericht).

The following questions have been addressed in this article:

Which operations should be notified and when (thresholds and triggering events)?
How long does the procedure last?
What is being checked?
What are the parties’ (including third persons’) rights?
What are the sanctions for not complying with merger control rules?

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