In 2010 the avalanche of damage compensation claims in connection with so-called elevator cartel also reached Austria. Numerous manufacturers of elevators and escalators were accused of having invoiced large clients for overly-high prices over a long period of time, for example, in connection with service contracts. By means of impermissible price-fixing, the manufacturers restrained competition and thereby violated antitrust law.
This prominent example shows the far-reaching transformation of the competitive environment, competition policy, and carrying out of competition. Today, EU mechanisms for the prevention of illegal division of markets among competitors, of price-fixing or quota agreements are increasingly being implemented also in Austria and should stimulate competition. The federal law regarding cartels and other restrictions on competition, in this connection represents an important step on the way of harmonization of Austrian antitrust law with European norms. On basis of the overall European developments and the relevant initiatives of the European commission, enterprises are encouraged to defend themselves against the prohibition of cartels or abuse of market positions on the part of suppliers or competitors. At the same time, enterprises are subject to fewer registration or approval formalities than before.
The EU-wide development has resulted, in any event, in a stronger implementation of national and European antitrust law. In the event that in an organization there is insufficient knowledge in the area of competition law and employees are not adequately aware of compliance requirements, enterprises risk enormous monetary fines or damage restitution claims. Business practices and duties of the enterprise should accordingly be increasingly reviewed from the standpoint of antitrust law. In the event that an emergency situation, such as a house search in connection with investigations on the part of antitrust authorities, has already occurred, immediate and comprehensive legal advice is required. In many cases this shall also require representation before the authorities of the European Commission.
The LGP Antitrust Law Team accordingly specializes in reaching solutions that are on the one hand commercially sensible, and in full compliance with antitrust law, taking into account relations to other areas of law. When necessary, on the project basis, specialists from other LGP teams will be included. This will be especially the case in the areas of company law, public law, commercial law, law on unfair competition, as well as public procurement law, for example in the case of privatizations, but also in the area of criminal law. In addition, we place great value on strong relationships in Brussels, in order to effectively handle the agendas of our clients before the European Commission.
