Austria: Protective structures
SUPPLEMENT - THE 2008 GUIDE TO COMPETITION AND ANTITRUST - October 01, 2008
The main sources of Austrian competition law are the Cartel Act 2005 (Cartel Act) and the Competition Act. The authorities responsible for the enforcement of competition law in Austria are the Federal Competition Authority (FCA), the Federal Cartel Prosecutor (FCP, jointly referred to as the Official Parties) and the Cartel Court. However, except for Phase I clearances of merger control notifications, the Official Parties have no decision-making power. They can only bring antitrust cases before the Cartel Court (as can individuals and other statutory parties) and instigate Phase II merger control proceedings. Decisions of the Cartel Court can be appealed before the Supreme Cartel Court.
With the Cartel Act (which entered into force on January 1 2006), the Austrian competition law regime was further aligned with EC competition law. In particular, the substantive provisions in the field of anti-competitive agreements were brought in line with Article 81 of the EC...
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