Austrian Parliament Passes Substantial Reform Of Competition Law Rules

On 13 January 2013, a substantial reform of Austria's competition laws was published in the Austrian Federal Gazette which largely reflects the amendments proposed in the draft bill of the Austrian Federal Ministries of Economy and Justice (see VBB on Competition Law, Volume 2012, No. 2, available at www.vbb.com) The amending law brings changes to the Austrian Cartel Act (the "Kartellgesetz") and the Austrian Competition Act (the "Wettbewerbsgesetz"). It will enter into force on 1 March 2013.

The amendment of the Cartel Act introduces various substantive changes. Amongst others, the Austrian de minimis regime – which exempts anticompetitive horizontal agreements between undertakings that do not exceed a certain aggregated market share threshold – is aligned with EU rules, in particular by ensuring that hardcore restrictions (such as price fixing and market allocation) will be excluded from the de minimis exception (amended Section 2(2)(1) Cartel Act). Furthermore,