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AchalOza: New page: '''Score = 19''' ''Governed by:'' Federal Act on Cartels and other Restrictions of Competition of 19 October 1988, amended by Cartel Act Amendment 1999,Austrian Competition Act, ''Co...

2007-06-21T15:19:06Z

New page: '''Score = 19''' ''Governed by:'' Federal Act on Cartels and other Restrictions of Competition of 19 October 1988, amended by Cartel Act Amendment 1999,<ref>Austrian Competition Act, ''Co...

New page

'''Score = 19'''

''Governed by:'' Federal Act on Cartels and other Restrictions of Competition of 19 October 1988, amended by Cartel Act Amendment 1999,<ref>Austrian Competition Act, ''Competition Law in the US, its Member States and Switzerland'', 955-1012 (v. II, ed. Floris O.W. Vogelaar, Jules Stuyck, Bart L.P. van Reeken, Kluwer Law International: The Hague, The Netherlands, 2000).</ref> amended by 62nd Federal Act 2002<ref>[http://www.globalcompetitionforum.org/regions/europe/Austria/Wettbewerbsgesetz_englisch.pdf 62nd Federal Act to enact a Federal Act on the establishment of a Federal Competition Authority (Competition Act, WettbG) and to modify the Cartel Act of 1988, the Criminal Code and the Federal Budget Act of 2002]</ref> (herein referred to as “Cartel Act”).

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| § 6(1) of the Cartel Act applies to behavior in a foreign country in so far as it affects the domestic market.

|- class="categorydivision"
| Remedies
| Fines
| 1
| § 129-133 provide for violations of the Cartel Act to be sanctioned with fines.

|-
|
| Prison Sentences
| 1
| § 129(1) also provides for imprisonment for up to 3 years in certain cases.

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| A 3rd party can bring a claim against anything that is based on § 1 of the Act against Unfair Competition (UWG)

|-
|
| Remedies Available to 3rd Parties
| 1
| A 3rd party can assert civil claims IF they have suffered a damage caused by a punishable act.

|-
|
| 3rd Party Rights in Proceedings
| 0
| 3rd parties are not entitled to request a 2nd phase investigation or challenge decisions of the court and have no access to evidence.

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| § 42a(1) says if the companies made a certain combined income in the previous year, they must apply to the cartel court.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| §42a(5) says that the Cartel Court shall determine whether the concentration WAS implemented in a prohibited manner (sounds like post…)

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §42b(2)(2) The Cartel Court shall prohibit the concentration if it will strengthen the market dominating position.

|-
|
| Restriction of Competition
| 0
|

|-
|
| Public Interest (Pro D)
| 1
| The effect on the national economy and public interest is investigated when deciding whether to grant an exception (see §42b(3))

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| § 35(1)(2) prohibits the restriction of production, sales, or development to the detriment of the consumer.

|-
|
| Abusive Acts
| 1
| § 35(1) lists several punishable abusive acts.

|-
|
| Price Setting
| 1
| § 35(1)(1) prohibits the direct or indirect enforcement of unreasonable prices.

|-
|
| Discriminatory Pricing
| 1
| § 35(1)(3) identifies as abuse the placing of contractual partners at a competitive disadvantage by applying different terms for the provision of equivalent services.

|-
|
| Resale Price Maintenance
| 0
|

|-
|
| Obstacles to Entry
| 0
|

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| § 10(3) identifying a restraint of competition with respect to prices (not per se illegal)

|-
|
| Tying
| 0
|

|-
|
| Market Division
| 1
| § 23(1) per se prohibits arrangements under which the parties agree that they shall only market certain products.

|-
|
| Output Restraint
| 1
| § 23 (1)(b) does not cartels that require companies to sell products in specifically restricted quantities.

|-
|
| Market Sharing
| 0
|

|-
|
| Eliminating Competitors
| 1
| Collective boycotting is prohibited per se by § 23(1).

|-
|
| Collusive Tendering/Bid-Rigging
| 0
|

|-
|
| Supply Refusal
| 1
| § 30 prohibits supply boycotts when they cause damage. Collective boycotting is prohibited per se by § 23(1)(c).

|-
|
| Efficiency Defense
| 1
| §23(3) allows cartels when they are justified with respect to the national economy.

|}

== References ==
<references />

Austria (April 16, 2002) - Revision history

AchalOza: Removing all content from page

AchalOza: New page: '''Score = 19''' ''Governed by:'' Federal Act on Cartels and other Restrictions of Competition of 19 October 1988, amended by Cartel Act Amendment 1999,Austrian Competition Act, ''Co...