As generally known, under European Cartel law (Art 101 TFEU) as
well as under Austrian Cartel law (Sec 1 Cartel Act) agreements
between undertakings, decision of association of undertakings and
concerted practices which have as their object or effect the
prevention, restriction or distortion of competitions (cartels) are
prohibited. This cartel prohibition applies to activities between
independent undertakings. This does, however, not apply between a
controlling and a controlled undertaking, as such subsidiary would
not enjoy economic independence. This concept is referred to as
"single economic entity" – concept or anti-trust
group privilege, which such "family" of undertakings may
enjoy. The privilege is that between undertakings inside such
single economic entity even agreements restricting competition are
not prohibited or illegal.
