I INTRODUCTION
The Austrian legal regime regulating market dominance is set out
in Part II (Sections 4 to 6) of the Austrian Cartel Act (KartG),
stipulating the prohibition on abusing a (single or collective)
dominant position and retaliation measures imposed by dominant
companies against companies initiating cartel court proceedings or
lodging a complaint with the Austrian official parties.
Furthermore, abusive behaviour of companies having
'relative' market power in relation to their suppliers or
customers is also prohibited.
In addition to the general provision prohibiting abuse of a
dominant position, Section 5 KartG also contains examples of
abusive behaviour: the examples in Section 5 Paragraph 1 Nos. 2 to
4 KartG are based on Article 102 Letters b to d TFEU. Section 5
Paragraph 1 No. 1 KartG does not follow the exact wording of
Article 102 Letter a TFEU, but prohibits requesting prices or other
conditions that differ from those prices or conditions that
