The 2021 amendment1 is intended to adapt the
Austrian Cartel and the Competition Act to the requirements of the
present. In addition to changes for mergers and market power abuse
regulations, the idea of sustainability is given space and the
European ECN Directive is2 implemented.
I. Merger Control - Second domestic threshold
For many years, there has been criticism that (international)
mergers also fall under Austrian merger control when the domestic
threshold of EUR 30 million was reached by only
one company. This meant that mergers were also subject to
notification if the target company did not have any sales in
Austria. This has now been amended to the effect that at
least two of the companies concerned (e.g. the buyer and
the target company) must each have a domestic turnover of at least
EUR 1 million in Austria. This is expected to significantly reduce
the number of notifiable mergers. However, due to a possible
drafting error in the transitional provisions,
