Austria

BWB investigates cases and the Federal Cartel Prosecutor independently represents public interest. The Cartel Court (at the Vienna Higher Regional Court) makes final decisions. Supreme Cartel Court hears appeals.

Section 1 KartG prohibits horizontal cartels, mirroring Article 101 TFEU. Significant cases in construction, banking (interchange fees), and commodity trading.

Vertical restraints prohibited under Section 1. BWB has focused on resale price maintenance in consumer electronics, food retail, and sports goods distribution.

Section 5 KartG prohibits abuse of dominant position. The 2021 amendment introduced provisions targeting digital platforms with relative market power (Section 4a).

Mandatory pre-notification for concentrations exceeding thresholds (combined worldwide turnover of EUR 300 million and combined Austrian turnover of EUR 15 million). Transaction value threshold of EUR 200 million added in 2017.

Full immunity or reduced fines for cartel participants who cooperate. BWB Leniency Handbook aligned with the ECN Model Leniency Programme. Marker system available.

Settlement procedure before the Cartel Court with agreed fine proposals. Commitment decisions possible for behavioural and structural remedies without a finding of infringement.

Fines up to 10% of worldwide turnover imposed by the Cartel Court. No criminal sanctions for antitrust violations (bid-rigging prosecuted under criminal fraud provisions). Personal liability for directors.

The 2021 KartG amendment introduced provisions on digital platforms, including lower thresholds for intervention against undertakings with relative market power. Austria also applies the EU DMA.

RTR (telecoms and broadcasting), E-Control (energy), FMA (financial markets), and Schienen-Control (rail) exercise concurrent regulatory powers in their respective sectors.

BWB conducts dawn raids (Hausdurchsuchungen) with judicial authorisation from the Cartel Court. Powers include searching premises, seizing documents, and copying electronic data.

Private damages actions available under general civil law and the transposition of the EU Damages Directive (KaWeRaG 2017). Commercial courts have jurisdiction.

Active in ECN, ICN, and OECD. Close cooperation with German Bundeskartellamt. Joint merger reviews with German authority under the transaction value threshold.

Increased focus on digital markets and platform economy, food retail sector monitoring, and sustainability-related cooperation. Active use of the 2021 digital platform provisions.