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Antitrust and Competition Law

Mission Statement

Implementing entrepreneurial ideas and visions requires concepts admissible under antitrust law and often approvals under merger control law or state aid law. On the flip side, it is important to protect oneself against violations of antitrust law committed by others. Antitrust law has become a tool in competition for both the attackers and the defenders. The provisions of national and EU antitrust law are wide-ranging and complex. Their regular adjustment and enhancement, changes in distribution-law framework conditions, and the introduction of extended rights of antitrust authorities to intervene and impose sanctions constitute constant legal challenges for enterprises. Another issue is the enforcement of claims for damages. Our specialists regularly support not only large-scale industrial or commercial enterprises and leading banks, but also small and medium-sized enterprises with respect to their antitrust issues, in compliance and dawn raids, in cooperation and distribution, as whistleblowers, in merger control, or private enforcement.

Approvals under merger control law require precise drafting and preparation with a high level of legal and commercial expertise, a profound understanding of markets and macroeconomic aspects, as well as efficient structuring and target-oriented execution in consultation with courts and government authorities.

„We highly appreciate the high quality of advice in all relevant topics as well as the reliable and quick response.“
The Legal500

Key Services and Practice Areas

  • Austrian and EU antitrust law
  • The Austrian Statute on Fair Competition Terms [Faire-Wettbewerbsbedingungen-Gesetz]
  • Designing compliance programs/plans
  • Emergency solutions for house searches
  • Supporting enterprises in cartel/antitrust investigations
  • Structuring of distribution systems, selective distribution systems, franchise agreements
  • License agreements and cooperation agreements
  • R&D cooperation
  • Exclusivity agreements
  • Claims for damages (private enforcement)
  • Market power abuse
  • Merger control
  • Multi-jurisdictional filings
  • The Austrian Statute on Foreign Investment Control [Investitionskontrollgesetz
  • State aid law, government guarantees, aid programs, subsidies

Attorneys

Lukas Flener, Partner
Florian Kranebitter, Partner
Stefan Adametz, Partner
Michael Froner, Attorney