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Eisenberger & Herzog

Work +43 1 606 36 47
Graz, Vienna

Dr Andreas Zellhofer

Work +43 (1) 606 3647 243
Eisenberger & Herzog

Work Department

Competition Law Practice Group; IP/IT Practice Group.


Andreas Zellhofer is a partner in our Vienna office and head of the IP/IT practice group, as well as a member of the competition law practice group. As an eminent advisor in competition law, he has extensive experience in supporting and representing domestic and foreign corporations in cartel, abuse of dominance, and merger control proceedings, as well as state aid cases. He implements programs to prepare clients for internal investigations and for competition compliance. In addition, he regularly advises clients on intellectual property rights (copyright, trademarks, designs, and patents) and IT- and data protection law.


Andreas joined E&H in 2009. Prior to that, he did internships at the Directorate General for Competition of the European Commission and the Austrian Cartel Court and worked for a leading international law firm in Vienna and Brussels for eight years. He regularly publishes articles and speaks at seminars and conferences.


German, English


Austrian Bar Association; Studienvereinigung Kartellrecht


University of Vienna: Mag. iur. (1998); Dr. iur. (2003) University of Leiden


Hiking, Skiing, Tennis.


EU and competition

Within: EU and competition

The team at Eisenberger & Herzog advises on a wide range of competition and EU law, including merger control proceedings, dawn raids, and cartel and abuse of dominance cases, and counts a number of leading Austrian companies among its clients. Practice head Dieter Thalhammer represented a manufacturing company in merger control proceedings regarding the sale of its production facilities in Austria, and acted as Austrian counsel to an automotive company in private enforcement proceedings relating to the trucks cartel. In addition, Judith Feldner advised a multinational electronics company on the merger control aspects of an investment relating to the autonomous vehicles market. Andreas Zellhofer is also a key member of the practice.

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Intellectual property

Within: Intellectual property

As well as focusing on the IP elements of transactions, Eisenberger & Herzog deals extensively with trade mark matters and work that straddles IP and unfair competition law. Department head Andreas Zellhofer acted for long-term client Microsoft regarding software licensing and service agreements. The recommended Helmut Liebel advised new client Samsung on its investment in Austrian high-tech company TTTech, with the due diligence exercise aimed particularly at all IP-related licensing and co-operation agreements, as well as TTTech’s IP portfolio generally.

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Within: TMT

Eisenberger & Herzog has IT work at its core but also handles data protection matters. Together with its public procurement practice, Andreas Zellhofer's team advised Big Bundesimmobiliengesellschaft on the outsourcing of its data centre by way of a public tender. The team also handles various local counsel instructions for Microsoft and most recently advised the client on cloud computing services provided to Austrian customers alongside software licensing and service agreements. Julia Kusznier joined Schindler Attorneys as counsel in February 2018.

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Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to

    Good things come to those who wait? Finally, the main implementing regulation for the Austrian Law on Network and Information System Security ( Netz- und Informationssystemsicherheitsgesetz , " NISG ") was published last week. It serves primarily to define which companies are actually affected by the NISG. Now it is getting serious for the operators of " essential services ". What does that mean?
    - Dorda

    Black Friday is unquestionable one of the most profitable and busiest days of the year for retail, particularly online. Worldwide almost all online store do offer sales or special promotions on Black Friday or Cyber Monday. Already after this practice has established online, a trademark for " BLACK FRIDAY " was registered in Germany back in 2013. In 2016 a Chinese company acquired the trademark and then filed in 2017 for its extension to Austria. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration. Further, an exclusive " Black Friday-Cooperation Program " was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Some, however, did challenge the validity of the trademark. Finally, respective proceedings to check the actual protection of the trademark were initiated. Austrian courts now held that the trademark " BLACK FRIDAY " is not protected in Austria .
    - Dorda

    On 5th December 2018, the Austrian data protection authority ( Datenschutzbehörde , "DSB") issued a decision (DSB-D123.270/0009-DSB/2018) on data subject's right to data deletion according to Art 17 GDPR. In a nutshell, the DSB accepted consistent anonymisation as a valid alternative to physical and technical deletion. Beside the clear statement that anonymous data is not subject to the GDPR, the DSB provided detailed information on (technical) requirements of anonymisation methods:
    - Dorda
  • Consent or pay – a valid scheme under the GDPR?

    Media companies throughout Europe struggle with a difficult economic environment: Shrinking sales figures for print products, the digitalisation and consumer demand force publishers to offer their content also on the internet. However, generating money for online publications is not quite easy as – at least in Austria – online subscription against renumeration has not been well accepted by customers. This partially has its root in the lack of suitable micropayment means in the past and users thus getting acquainted to online information being offered for free. Thus, publishers have instead focused on financing their platforms by online marketing activities such as placement of banners. Nowadays such digital advertisement is usually targeted to the specific user. For this purpose, cookies are stored on the user's computer upon his first visit of the website, which then collect data about his location, technical equipment used and online behaviour. This finally allows to display specific, user targeted advertisements. However, such cookies may cause issues with applicable consent requirements under the telecommunication and data protection regulations:
    - Dorda
  • fwp expands know-how thanks to new junior partner

    Vienna, March 2019. Fellner Wratzfeld & Partner GmbH (fwp) adds valuable competence and expertise to the team by welcoming Pavel Bachleda in its midst as a new attorney-at-law and junior partner.
  • fwp helps find a new mega arena location

    fwp helps find a new mega arena location

    Processing operations subject to the requirement of a data protection impact assessment.
    - Dorda
  • Rien ne va plus!

    - Dorda
  • DORDA advises on the acquisition of Austrian office properties Denk Drei

    Stefan Artner , Partner and Head of the Real Estate Practice Group, and real estate attorney Klaus Pfeiffer of DORDA advised Austrian Real Estate Development GmbH ( ARE , a subsidiary of Bundesimmobilien-Gesellschaft, the Austrian privatization agency) on the acquisition of the Denk Drei office properties from IC Development . The successful closing of the forward purchase transaction took place on April 30, 2018. The parties have agreed not to disclose the purchase price.
    - Dorda
  • Austrian "White List"

    Exceptions from the OBLIGATION TO CARRY OUT A data protection impact assessment
    - Dorda