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 official parties (Federal Competition Authority; Federal Competition Prosecutor) have four weeks after the notification to assess the operation and decide whether to apply for an in-depth examination of the concentration (phase 2). The 2012 reform however introduced a “stop-the-clock” mechanism, allowing the notifying parties to require a two-week extension of phase 1 (new Section 11(1)a of th …

Proceedings before the Cartel Court

Where the applicable thresholds are met, notifications have to be made with the Federal Competition Authority (Bundeswettbewerbehörde) which are then forwarded to the Federal Cartel Prosecutor (FCP, Bundeskartellanwalt). The FCA and the FCP, referred to as the “official parties” (Amstparteien), may apply for an in-depth investigation (second phase proceedings) before the Vienna Higher Regional Court acting as Cartel Court (Oberlandesgericht Wien als Kartellgericht), which is the decision-making authority.

Any of the undertakings involved may make an application for registration. According to the Merger Notification Form published by the FCA, the information to be included in an application comprises inter alia information about the structure of the business, turnover on the relevant markets, and the respective market shares of the undertakings concerned.

The FCA publishes excerpts from the application for registration immediately upon receipt thereof. Undertakings whose interests are affected by the concentration may submit written complaints to the FCA within two weeks after publication, and this right must be indicated in the publication. Implementation of a concentration is prohibited until obtaining formal clearance.

The filing fee is set at EUR 6,000; in case of phase 2 proceedings, the Cartel Court may impose an additional sum of up to EUR 34,000.

In February 2023, the FCA published guidelines on pre-notification procedures in merger control. Before actually notifying the FCA of a merger, undertakings may submit their file to the FCA as part of a pre-notification procedure.

Merger notification

The official parties (Federal Competition Authority; Federal Competition Prosecutor) have four weeks after the notification to assess the operation and decide whether to apply for an in-depth examination of the concentration (phase 2). The 2012 reform however introduced a “stop-the-clock” mechanism, allowing the notifying parties to require a two-week extension of phase 1 (new Section 11(1)a of the Cartel Act). If an in-depth investigation is not required, the merger is cleared.

In case of an in-depth investigation, an order prohibiting a concentration may not be issued later than five months from receipt of a complete application. Pursuant to the 2012 reform, the notifying parties may now require a one-month extension of the deadline (Section 14(1)). If the Cartel Court has not prohibited a concentration within this period, upon the expiration thereof it must immediately issue an order authorizing the concentration.

An application can be made to the Cartel Court for a declaration that an unauthorized concentration has been implemented. Such applications can be made by official parties, any undertaking having a legal or economic interest or any association of undertaking whose economic interests are affected by the concentration, Chambers of Commerce and certain federal agencies.

Global Competition Law

26. Proceedings before the Cartel Court

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Les notions juridiques connexes

26. Proceedings before the Cartel Court

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