Antitrust, Competition & Investment Control

We navigate our clients through their biggest challenges and opportunities in all competition and antitrust law matters, including cartel and dominance cases, antitrust compliance, private damages cases and dawn-raids. We also represent our clients in merger control and foreign direct investment control proceedings in Austria and other countries.

Antitrust Proceedings

We defend our clients before the Austrian competition authorities, the criminal courts and the European Commission in cartel and dominance cases and settlement proceedings. If our clients are victims of dominant market players or cartels, we file complaints on their behalf with the competition authorities.

Dawn Raids

We represent our clients if their business and private premises are subject to searches by the competition authorities (“dawn raids”). We also offer tailor-made trainings and guidelines for our clients´ staff to handle such searches.

Distribution Agreements and Cooperation with Competitors

Cooperation with competitors, suppliers and customers, whether in the context of joint projects or for distribution purposes, is often advantageous for all market participants. Austrian antitrust law now also permits cooperative ventures if this makes a significant contribution to an ecologically sustainable or climate-neutral economy. However, the line between permissible cooperation and impermissible coordination of behavior is thin and easily crossed. We develop solutions and agreements to minimize our clients’ antitrust exposure.

FDI Control

Direct and indirect acquisitions of Austrian companies in vulnerable sectors by investors hailing from outside the EEA or Switzerland may require prior approval by the Austrian Federal Ministry for Digital and Economic Affairs. We have significant experience in handling such cases.

Leniency Applications

We advise and represent our clients in case they took part in a cartel and would like to apply for leniency before the European Commission or National Competition Authorities. Such leniency application may decrease the penalty imposed by the competition authorities by up to 100% but, on the other hand, may increase the risk of damage claims by victims of the cartel.

Merger Control

We handle merger control cases in Austria and the EU and coordinate merger control filings in other jurisdictions with local lawyers. If necessary, we propose and negotiate commitments and undertakings with the authorities to obtain clearance.

Private Enforcement

We represent plaintiffs and defendants in damages cases resulting from antitrust infringements before the Austrian civil courts.

Unfair Trade Practices

We advise our clients on all questions relating to the Austrian Fairtrade Practices Act (Faire-Wettbewerbsbedingungen-Gesetz), which transposed the UTP-Directive (EU) 2019/633. Pursuant to the UTP-Act certain trade practices used by buyers of agricultural and food products with relative market power over their suppliers are prohibited.