Chapter Content
- The Legislative Framework of the Cartel
Prohibition
- Investigative Powers
- Sanctions on Companies and Individuals
- Leniency for Companies
- Whistle-blowing Procedures for
Individuals
- Plea Bargaining Arrangements
- Appeal Process
- Damages Actions
- Miscellaneous
1.The Legislative Framework of the Cartel Prohibition
1.1 What is the legal basis and general nature of the
cartel prohibition, e.g. is it civil and/or criminal?
The legal basis for Cartel Prohibition in Austria is the Cartel
Act (Kartellgesetz 2005), as amended – most recently
in 2019. Sec. 1 paras 1 to 3 of the Cartel Act correspond to Art.
101 paras 1 and 2 of the Treaty on the Functioning of the European
Union (TFEU). Sec. 2 para. 1 of the Cartel Act corresponds to Art.
101 para. 3 TFEU. Furthermore, the Austria-specific de
minimis exception widely corresponds to the “De
minimis Notice” of the European Commission. Accordingly,
cartel agreements of competing
