The Austrian Federal Competition Authority (FCA) has published a
new and more detailed form for merger filings, which shows quite
significant changes from the earlier version. The FCA has a long
tradition in publishing such merger forms, which are not in all
details determined by law but are of great importance for a smooth
and successful merger filing.
Consequently, no Cartel law practitioner can ignore these forms
as M&A projects are known for their tight timelines.
1. More information on markets
A market is considered an "affected" market
if the business activities by Parties overlap and a combined
market-share exceeds 15% horizontally or 25% vertically. Under the
wide Austrian concept of "presumption of
dominance" companies are caught, for example, if their
market share is 30% or more on the relevant market. Further
concepts of combined dominance apply. If a transaction leads to an
affected market or the presumption of dominance criteria are met,
FCA
