The following Competition guidance note Produced in partnership with bpv Hügel, Attorneys-at-law provides comprehensive and up to date legal information covering:
A conversation with Florian Neumayr, co-managing partner and co-chair of the competition and antitrust practice group at Austrian law firm bpv Hügel on key issues on merger control in Austria
NOTE–to see whether notification thresholds in Austria and throughout the world are met, see Where to Notify.
Triggered by the EU Damages Directive, an amendment to the Austrian Cartel Act (Kartellgesetz) and the Austrian Competition Act (Wettbewerbsgesetz) was adopted in March 2017. While it is focused on the implementation of the said directive, there are also changes to the Austrian merger control regime, in particular one of which appears quite significant.
The amendment, which entered into force on 1 May 2017, introduced an entirely new notification threshold. This means that transactions also have to be ascertained in the light of this new threshold. The new threshold does not only build on turnover but also on transaction value and the target being active in Austria.
According to the relevant Section 9 para 4 of the Cartel Act, concentrations also have to be notified where (cumulatively):
the combined worldwide turnover of the undertakings concerned exceeds €300m
the combined Austrian turnover exceeds €15m
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