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Constitutional Court upholds legal ban of the “best price” clause
The dispute between the European Commission and Intel regarding the EUR 1.06 billion fine – at the time a record-breaking amount imposed on any single company – has been going on since 2009 and is...
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- Constitutional Court upholds legal ban of the “best price” clause
New rules for anti-trust proceedings
The dispute between the European Commission and Intel regarding the EUR 1.06 billion fine – at the time a record-breaking amount imposed on any single company – has been going on since 2009 and is...
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- New rules for anti-trust proceedings
Brexit puts an end to “Austrian” limited companies
The United Kingdom’s exit from the EU is scheduled to take effect as of 29 March 2019. While the political negotiations on ending the old and shaping the new relationships are under way, the outcome...
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- Brexit puts an end to “Austrian” limited companies
Next step towards EU capital markets union brings changes concerning capital markets prospectuses and shareholders
To build the capital markets union, business is stimulated by making capital markets-based funding easier for small and medium-sized enterprises (SMEs). At the same time, the position of investors is ...
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- Next step towards EU capital markets union brings changes concerning capital markets prospectuses and shareholders
Market abuse rules are being expanded and tightened significantly
3 July 2016 sees the entry into force of the most radical legal changes the Austrian (and European) capital markets have been subjected to in years. The Market Abuse Regulation now provides for a unif...
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- Market abuse rules are being expanded and tightened significantly
New transaction-value-based test entails uncertainties for merger control
As of 1 November 2017, Austrian merger control will require the passing of a new test, based on the transaction value, in addition to complying with the – unchanged – turnover thresholds already e...
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- New transaction-value-based test entails uncertainties for merger control
Cartel Act amendment will strengthen private enforcement
The main purpose of the 2017 Act Amending Antitrust and Competition Law (Kartell- und Wettbewerbsrechtsänderungsgesetz 2017) is to transpose the EU Damages Directive, and it is also intended to provi...
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- Cartel Act amendment will strengthen private enforcement
Brexit – new legal challenges for Austrian entrepreneurs
On 23 June 2016, the British people voted in favour of Great Britain leaving the European Union. This decision, which came as a surprise to many in spite of opinion poll results, is going to entail fa...
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- Brexit – new legal challenges for Austrian entrepreneurs
2017 Trade Regulation Act Amendment: Some ad-vantages for tradespeople.
On 29 June 2017, the Austrian National Council enacted an amendment to the Trade Regulation Act (Gewerbeordnung, GewO). The new features adopted fall into three categories; they will enter into force ...
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- 2017 Trade Regulation Act Amendment: Some ad-vantages for tradespeople.
The PRIIP REGULATION
Standardised key information documents for packaged retail and insurance-based investment productsAs early as in 2014, the Council and the European Parliament agreed on the Regulation on key informati...
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- The PRIIP REGULATION
Limited party status of neighbours in the notification procedure under trade regulation law
In its ruling of 12 September 2016, Ro 2015/04/0018, the Austrian Administrative Court (VwGH) held that – in deviation from its prior rulings – neighbours shall have limited party status in a noti...
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- Limited party status of neighbours in the notification procedure under trade regulation law
“Hard” or “soft” accounts warranty and its consequences for the liability of the seller of a company
When agreements for the purchase and sale of a company – so-called “share purchase agreements” (SPAs) – are being negotiated, the assurances as to specific qualities of the sold company given ...
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- “Hard” or “soft” accounts warranty and its consequences for the liability of the seller of a company
Subordinated loans as a vehicle of public participation and crowdfunding – the end is near?
The development of the Austrian capital markets over the last few years has shown that, besides established stock exchange-listed companies, more and more “small” issuers (start-ups, SMEs) have di...
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- Subordinated loans as a vehicle of public participation and crowdfunding – the end is near?
Planned amendment to antitrust law helps cartel victims and increases risks attaching to infringements
End of August 2016 saw the start of the expert review of the bill for the amendment to antitrust law, a bill long awaited and hotly discussed during the preliminary stages. Implementing an EU Directiv...
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- Planned amendment to antitrust law helps cartel victims and increases risks attaching to infringements
New law to combat wage and social dumping
“Wage and social dumping” is the term used to describe situations where employers deprive employees of, at least a part of, the remuneration due to them under a law, ordinance or collective bargai...
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- New law to combat wage and social dumping
Online GTC / Validity of choice of law
In proceedings concerning a collective action brought by Verein für Konsumenteninformation (Association for consumer information, “the VKI”) versus Amazon EU S.à.r.l. (“Amazon”), the Court o...
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- Online GTC / Validity of choice of law
No claim for compensation for brief illnesses of commercial agents
The Austrian Supreme Court recently decided that commercial agents are not entitled to claim compensation payments in the case of a termination of the contractual relationship due to merely temporary ...
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- No claim for compensation for brief illnesses of commercial agents
Flexibilization of working hours
Having agreed flexibilization of working hours under its government programme, the Austrian Federal Government instructed the social partners to find a solution to this issue by June 2017.Working-time...
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- Flexibilization of working hours
Equity investment and crowdfunding
Crowdfunding investment can take the form of debt investment or equity investment. Both types are alternative forms of business or project financing outside the traditional financial system. In a rece...
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- Equity investment and crowdfunding
The new Financial Market Money Laundering Act
The statutory due diligence obligations of credit and financial institutions concerning the combating of money laundering and terrorism financing are stipulated in Sec 40 seq of the Austrian Federal B...
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- The new Financial Market Money Laundering Act