Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The role of the Federal Cartel Prosecutor (FCP) is to represent the public interest in competition law proceedings before the Cartel Court. The FCP is independent from the Cartel Court. The FCP is subordinated in competition matters to the Federal Minister of Justice, and is assisted by a Deputy Prosecutor. The Federal Cartel Prosecutor and Deputy are appointed by the Federal Austrian President up …

The Federal Cartel Prosecutor (Bundeskartellanwalt)

Decision-making in competition law matters lies with the Vienna Higher Regional Court, which acts as the Cartel Court and in such capacity has jurisdiction over the entire federal territory. When acting as the Cartel Court, the panels of the Vienna Higher Regional Court consist of one presiding judge and one additional judge, as well as two expert lay judges who are not professional judges (Section 59(1) of the Cartel Act). Half of the expert lay judges in a panel belong to the group of persons delegated by the Federal Chamber of Labor and by the Austrian Federal Economic Chamber (Section 59(2)). If a cartel involves goods listed in the Annex of the Cartel Act, the panel of the Cartel Court includes an expert lay judge appointed by the Presidential Conference of the Austrian Chambers of Agriculture instead of the expert appointed by the Federal Chamber of Labor (Section 59(3)). However, if a cartel involves goods listed in the said Annex as well as other goods, separate proceedings will be conducted for these two groups of goods (Section 59(3)).

In the event of a tie, the presiding judge has the casting vote (Section 63). Interlocutory decisions and final decisions are taken by the presiding judge alone, unless otherwise provided for in the Cartel Act, only if a party so requests and the other parties agree (Section 62(1)).

Appeals from the Cartel Court go to the Austrian Supreme Court acting as the Supreme Cartel Court. An appeal against a decision taken by the presiding judge alone is heard by a three-member panel of the Supreme Court (Section 62(2)). When exercising cartel jurisdiction, the panels of the Supreme Court consist of one presiding judge, two additional judges, and two expert lay judges (Section 59(1)). The Supreme Cartel Court is required under the Cartel Act to draft a report on the activities of the Cartel Court and Supreme Cartel Court each year and transmit it to the Federal Minister of Justice (Section 74).

The Cartel Court (Kartellgericht)

The role of the Federal Competition Authority (FCA), created, in 2002 is to guarantee the proper functioning of competition law in Austria. It is authorized to carry out investigations of alleged restrictions on competition and may provide administrative assistance to the Cartel Court, the Supreme Cartel Court and the administrative authorities involved in the area of competition law. The Authority has also residual competence for the application of EU competition rules in Austria and is required to assist the European Commission when carrying out investigations in Austria. Finally, the Authority can choose, sua sponte, to participate in actions before the Cartel Court, even where it is not the party bringing the action.

The Federal Competition Authority (Bundeswettbewerbsbehörde)

The role of the Federal Cartel Prosecutor (FCP) is to represent the public interest in competition law proceedings before the Cartel Court. The FCP is independent from the Cartel Court. The FCP is subordinated in competition matters to the Federal Minister of Justice, and is assisted by a Deputy Prosecutor. The Federal Cartel Prosecutor and Deputy are appointed by the Federal Austrian President upon nomination by the Federal Government (for the FCP) and by the Federal Minister of Justice (for the Deputy Prosecutor), for a period of five years during which they can only be removed for cause (mental or physical incapacity, or misconduct).

The Competition Commission was established in 2002 with the Federal Competition Authority as an advisory body.

The Competition Commission is commissioned by the Federal Competition Authority or by the Federal Minister for Digital and Economic Affairs to prepare expert opinions on general competition issues and may give its recommendations on mergers.

The Commission is made up of eight members, each having a substitute member appointed for them. A chairperson is elected among the Commission's members. The Commissioners are appointed by the Federal Minister for Digital and Economic Affairs for a renewable four-year term. The Austrian Economic Chamber, the Federal Chamber of Labor, the Austrian Confederation of Trade Unions, and the Standing Committee of the Presidents of the Austrian Chambers of Agriculture each nominate a member.

The Competition Commission (Wettbewerbskommission)

Under Austrian law, although no longer considered as “official parties”, the Social partners continue to play an important role in competition actions before the Cartel Court. The Chamber of Commerce of Austria, the Federal Chamber of Workers and Employees and the Presidential Conference of the Chambers of Agriculture are entitled to offer opinions in any competition law proceeding. The Social partners are required to submit an expert opinion within their sphere of activity to the court where requested, within the period fixed by the court.

Global Competition Law

9. The Federal Cartel Prosecutor (Bundeskartellanwalt)

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Les notions juridiques connexes

9. The Federal Cartel Prosecutor (Bundeskartellanwalt)

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise