Antitrust and State Aid

Antitrust as the law against restrictions on competition has rapidly gained in importance over the last few years at European and national level. Breaches of cartel law provisions are frequently prosecuted with exorbitant fines that could assume proportions threatening companies' very survival. It is therefore all the more important to recognise cartel law risks with foresightedness and to avoid them with suitable preventive measures.

From merger control, representation in summary and misuse proceedings, to advising with regard to state aid and sales cartel law and special issues of technology transfer, research and development or specialisation. We advise and represent domestic and foreign companies on site, in particular before the authorities in Germany, Romania, Poland, Austria, Slovakia, Czech Republic, Hungary and the European Commission in Brussels.

In addition, we support our clients in house searches and other investigations by the cartel authorities and the subsequent proceedings before the European Commission and the national competition authorities.

The focus areas of our activity

• Summary proceedings and investigations (e.g. house searches, requests for information) by the European Commission and national competition authorities
• Compliance/Audits
• Misuse of market-dominating position
• National and international merger control
• State aid
• Sales law
  • Drafting of contracts, in particular in the fields
  • Competitor cooperation
  • Sales (e.g. sales representative, dealer and franchise agreements, selective distribution systems, supplier agreements, purchasing conditions)
  • Licences and technology transfer
  • Research & development
  • Specialisation
• Information seminars and training courses on cartel, state aid and sales law

References

• Advising of an Austrian group in an investigation by the European Commission due to a suspected breach pursuant to Art. 101 of the Treaty on the functioning of the European Union
• Advising of an international company in administrative fine proceedings before the Austrian cartel courts due to a breach of Section 1 of the Cartel Law (KartG)
• Defence of a company in compensation claims based on the latter's participation in a cartel
• "Bike tours" proceedings before the Austrian Cartel and Upper Cartel Court
• Cartel proceedings before the US Department of Justice, the European Commission, the Federal Cartel Office and the Austrian Federal Competition Authority (e.g. "International movers" and "heat stabilizers and modifiers" in the USA, "GDF/EO.N", "Air cargo", "Bananas" and an ongoing investigation by the Federal Cartel Office and the Commission, "Printing chemicals cartel" in Austria)
• Misuse of a market-dominant position ("Intel" case of the Commission, complaint in the consumer goods sector before the Federal Cartel Office, "Bike tours" proceedings before the Austrian Cartel and Upper Cartel Court)
• Merger control (e.g. IPIC/OMV/JV, FLAGA/PROGAS/JV, TEVA/BARR, some registrations with the Federal Cartel Office and Federal Competition Authority, e.g. MTV/Viva, CROSS/Peguform, LVMH/Glenmorangie)
• Representation of various companies in the automotive and mechanical engineering sector, e.g. KTM, Bernecker + Rainer Industrie-Elektronik, Sprecher Automation