Significant Amendments To Austrian Competition Law - Part II (Merger Control)

For "Part I (Overview)" click here

On 6 April 2017 the Austrian Parliament adopted significant amendments to the Austrian merger control system, introducing a transaction value test that extends the reach of Austrian merger control.

Current Test: The current Austrian jurisdictional test is based solely on turnover. A mandatory notification requirement is triggered if:

• combined worldwide turnover of undertakings concerned > EUR 300 m; and
• combined Austrian turnover of undertakings concerned > EUR 30 m; and
• each of at least two undertakings concerned worldwide turnover > EUR 5 m.

unless

• only one undertaking concerned has a domestic turnover > EUR 5 m; and
• the other undertakings combined worldwide turnover < EUR 30 m.