Austria (January 1, 2006): Difference between revisions
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| Mandatory | | Mandatory | ||
| | | 3 | ||
| | | §9(1) requires merger notification in certain instances. | ||
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| Abusive Acts | | Abusive Acts | ||
| | | 1 | ||
| | | §5(1)(3) A dominant firm may not disadvantage contracting parties by the application of different conditions with equivalent achievements. | ||
|- | |- | ||
| | | | ||
| Price Setting | | Price Setting | ||
| | | 1 | ||
| | | §5(1)(1) prohibits the direct or indirect enforcement of inadequate purchase or selling prices. Moreover, §5(1)(5) prohibits predatory pricing. | ||
|- | |- | ||
Revision as of 19:31, 24 July 2007
Score = 0
Governed by: TitleOfAct of DateOfAct, amended by TitleOfAmendment DateOfAmendment (herein referred to as "ShortTitle").[1][2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 0 | |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | §9(1) requires merger notification in certain instances. | |
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | §5(1)(3) A dominant firm may not disadvantage contracting parties by the application of different conditions with equivalent achievements. | |
| Price Setting | 1 | §5(1)(1) prohibits the direct or indirect enforcement of inadequate purchase or selling prices. Moreover, §5(1)(5) prohibits predatory pricing. | |
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | §4(1)(2) prohibits a dominant firm from limiting other firms from admission into the market. | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | §1(2)(1) prohibits agreements against setting prices directly or indirectly. |
| Tying | 1 | §1(2)(5) prohibits conditions attached to the conclusion of contracts that the contracting parties accept additional achievements which are not related to the contractual item. | |
| Market Division | 1 | §1(2)(3) prohibit agreements that allocate markets or sources of supply. | |
| Output Restraint | 1 | §1(2)(2) prohibits agreements restricting or controlling production. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | §1(2)(4) prohibits the application of different conditions with equivalent trade partners, whereby these are disadvantaged in competition. | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | §2(1) provides an exception for agreements that contribute to the promotion of technical or economic progress. |
References
- ↑ Based on changes from The New Act (Kartellgesetz 2005 - KartG 2005) KARTG 2005
- ↑ Google Translation